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June 11, 2012
Amended Council Agenda Items Council Meeting Monday, June 11, 2012 1 17 17. Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute a new Development Agreement between City of Waterloo and Avita Developments LLC for the construction of a new 6,000 sq. ft. medical office building, just east of the Mauer Eye Center, with a new minimum value of$750,000, and tax rebates at 8 years at 50%. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JUNE 11, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these general rules". 4. You may speak one(1)time per item for a maximum of three(3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: David Jones, Ward I Council Member. June 11, 2012 Page 2 Agenda, as proposed or amended. Minutes of June 4, 2012, Regular Session and June 5, 2012 Special Session, as proposed. Proclamation declaring June 19, 2012 as Juneteenth Celebration. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of John & Geraldine Lord for a concrete driveway to be located at 200 Windsor Drive, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 3. Request of Anna Hanna for a concrete driveway to be located at 2008 Westview Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 4. Cancellation of assessments for 1530 West 2nd Street and 2308 Lafayette Street; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Submitted by Suzy Schares, City Clerk 5. Request of Monte Meyer for a variance to the Code of Ordinances concerning discharging of weapons (5-2-6B) in an archery demonstration that will be held at South Hills Golf Course on Saturday, June 16, 2012, together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 6. Request of Waterloo Jaycees to hold Waterloo Jaycees Fireworks Festival event to be held on July 6, 2012 through July 8, 2012 at National Cattle Congress Grounds with permission to allow access to San Souci Island, together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services June 11, 2012 Page 3 7. Request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 14, 2012 from 9:00 a.m. to 4:00 p.m. in conjunction with Summer Harmony Day event to be held at Lincoln Park including a DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services, together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 8. Request of New Hope Missionary Baptist Church for a variance to the Noise Ordinance on June 24, 2012 and August 26, 2012 from 10:00 a.m. to 4:00 p.m. in conjunction with Partnership & Peace in the Neighborhood event to be held in the church parking lot including live music and the use of a PA system, together with recommendation of approval of Director of Safety Services, together with approval of Director of Safety Services. Submitted by Daniel J. Tre/ka, Director of Safety Services 9. Request of Kelly Angell of American Cancer Society for a variance to the Noise Ordinance on June 15, 2012 through June 16, 2012 from 4:00 p.m. to 8:00 p.m. in conjunction with Relay for Life of Black Hawk County event to be held at Hawkeye Community College including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services, together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 10.Request of Chassidi Martin for a variance to the Noise Ordinance on June 15, 2012 at Gates Park; July 28, 2012 at Lafayette Park; August 4, 2012 at West 2nd Street; August 19, 2012 at Clay Street between Almond and Walnut Streets; September 8, 2012 at Miriam Court on Knox Drive; September 29, 2012 at Cottage Street between Linn and N. Barclay Streets from 12:00 p.m. to 4:00 p.m. in conjunction with Summer FamilyFestival/Block Partyevents and will including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services, together with approval of Director of Safety Services. Submitted by Daniel J. Tre/ka, Director of Safety Services b. Motion to approve the following: Travel Requests Name & Title of Class/Meeting Destination Date(s) Amount not Personnel to Exceed 1. Officer Hundley Integrated Drug Johnston, July 17- $155.00 and Contraband Iowa 19, 2012 Interdiction June 11, 2012 Page 4 Class C Beer License Permit Application 2. Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/2013) (Includes Sunday Sales) Class A Liquor License Permit Application 3. Knights of Pythias-Furgerson Lodge #5, 244 Ash Street (Renewal) (Expires 3/8/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 4. Screaming Eagle American Bar & Grill, 228 East 4th Street (Renewal) (Expires 4/20/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 5. Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/2013) (Includes Sunday Sales) Class B Wine License Permit Application 6. Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/2013) (Includes Sunday Sales) Outdoor Service Area Application 7. Screaming Eagle American Bar & Grill, 228 East 4th Street Fireworks Display Application 8. American Cancer Society for Relay for Life of Black Hawk County at Hawkeye Community College on June 15, 2012 9. Bonds PUBLIC HEARINGS 2. Parking Cashier Services for West 5th Street/Convention Center Ramp Resolution resetting date of hearing and bid opening as June 18, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. Submitted by Suzy Schares, City Clerk June 11, 2012 Page 5 3. Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 550 Esther Street (former Chamberlain Manufacturing) Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning& Development Director 4. Request by Cedar Valley Tech Works Inc. for a "M-2,P" Planned Industrial District site plan amendment for approximately 27 acres of land for the Tech Works Campus redevelopment project, The Green at Tech Works Project, and the Deere Museum Project Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning& Development Director June 11, 2012 Page 6 5. Request by Kai Sundaram for a "B-P" Business Park District site plan amendment for property generally described as the southwest corner of Greyhound Drive and Ridgeway Avenue for the purpose of developing a new 4,000 sq. ft. office building Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 6. City Clerk's Office Remodel Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. Submitted by Craig Clark, Building Official/Maintenance Administrator RESOLUTIONS 7. Resolution approving submission of Black Hawk Gaming grant in the amount of $24,000.00 to be used to purchase items used in neighborhood traffic monitoring. Submitted by Joe Leibold, Captain of Police Services 8. Resolution approving a Financial Investigation Task Force Agreement for the Northern District of Iowa; and authorize Director of Safety Services to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services June 11, 2012 Page 7 9. Resolution approving request of Kugler Construction for an appeal to Section 273 of the 2003 Traffic Code adopted by Crdinance No_ 4602 requirement prohibiting vehicles from parking on city-owned right-of-way, located between the street and property line for an area located at the northwest corner of Jefferson Street and West 12th Street. Submitted by Aric Schroeder, City Planner 10. Resolution approving and accepting certain temporary easement contracts to the City of Waterloo for the Logan Avenue Sidewalk Project from: Henry and Lorene Wellnitz in the amount of$102.34; Patrick J. and Michael F. Narey in the amount of $189.59; Nareys Nineteenth Hole, Inc. in the amount of $402.62; William and Donna McDermott in the amount of $150.45; Joseph P. Narey in the amount of $168.30; Allen Memorial Hospital Corp. donated the property; HV Waterloo, LLC donated the property; and approve that the City be responsible for snow removal along the sidewalk, excluding the portions that abut property owned by Allen Hospital and Hy-Vee; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning& Development Director 11. Motion approving Change Order No. 3 for a net increase of $6,050.00 for work performed by Halvorson Trane Services, Inc. of Clive, Iowa on the City of Waterloo Smart Controls for City Buildings. Submitted by Craig Clark, Building Official/Maintenance Administrator 12. Resolution approving agreement with the Office of Drug Control for SFY 2013 Byrne-Justice Assistance Grant (JAG) Program in the amount of $261,979.00, with a required cash match of $87,327.00, to be used for funding of the Tri-County Drug Task Force; and authorize Mayor and City Clerk to execute said document. Submitted by Dan Trelka, Director of Safety Services 13. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement; Contract No. 743; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 14. Resolution approving Reconstruction and Overlay Street Improvements Lists for 2012. Submitted by Eric Thorson, P.E., City Engineer June 11, 2012 Page 8 15. Resolution approving Contract, Bonds and Certificate of Insurance with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in the amount of $53,040.50 for F.Y. 2012 Logan Avenue Sidewalk, Contract No. 782; and authorize Mayor and City Clerk to execute said documents. Submitted by Jeff Bales, Associate Engineer 16. Resolution approving Contract, Bonds and Certificate of Insurance with Stickfort Construction Co., of Hudson, Iowa in the amount of $3,128,212.67 for F.Y. 2012 East Donald Street Improvements, Contract No. 797; and authorize Mayor and City Clerk to execute said documents. Submitted by Jeff Bales, Associate Engineer 17. Resolution approving Development Agreement for the construction of a new 4,000 sq. ft. medical office building, just east of the Mauer Eye Center, with a new minimum value of $350,000.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director 18. Resolution approving Development Agreement for median improvements to Ridgeway Avenue, as a part of the development of Greenbelt Centre Business Park, with Deere Creek Development LLC; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director 19. Resolution setting date of hearing as June 25, 2012 to approve a Development Agreement between the City of Waterloo and Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described as: portion of the former Van Eaton School site, former Lafayette School site, Baltimore field, and Williston Field, for $1.00, for the inf hl development of housing within the City of Waterloo; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 20. Resolution approving the Escrow Agreement between the City of Waterloo and Heene Family Trust as a part of the acquisition of the former Happy Chef site at 218 West Mullan Avenue; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director 21. Resolution approving the FY 2013 Economic Development Grant to Greater Cedar Valley Alliance for work towards economic development, in the amount of $28,500 base amount with $56,500 in potential incentive funds; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning and Development Director June 11, 2012 Page 22. Resolution approving cancellation of the July 2, 2012 regular council meeting due to the July 4, 2012 Holiday. 23. Resolution setting date of hearing as June 18, 2012 to approve request of Dolly James LLC to sell and convey real property for the development of multi family housing within the area generally bounded by the Cedar River and Sycamore Street, and East 8th Street and the Union Pacific railroad tracks to Dolly James, LLC for $1.00; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 24. Resolution setting date of hearing as June 25, 2012 to approve request by Union Baptist Church to vacate portions of Jackson and Merriman Streets to allow for the development of mini storage; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 25. Resolution setting date of hearing as June 25, 2012 to approve request by R & M Metals to vacate and purchase a 33 foot by 74 foot portion of alley located in Block 14 of Hayes Addition bounded by Commercial and West 18th Streets; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning& Development Director 26. Resolution setting date of hearing as June 18, 2012 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 27. Resolution setting date of hearing as June 18, 2012 to approve an amendment to the Code of Ordinances, Section 6 of Chapter 2, Liquor Control, of Title 3, Licenses and Business Regulations, by adding a new paragraph F to update the regulations on drive-up windows; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner June 11, 2012 Page 10 OTHER COUNCIL BUSINESS 28. 2012 Riverfront Sports Park East & West Exchange Field Lighting Project Motion to instruct Leisure Services Director to prepare specifications, form of contract, etc. Motion to receive and file specifications,form of contract, etc. Resolution preliminarily approving specifications, form of contract, etc. Resolution setting date of hearing and bid opening as June 25, 2012; and instruct City Clerk to publish notice of specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, June 11, 2012 4:00 p.m. - Council Work Session, Council Chambers 4:15 p.m. - Council Work Session, Council Chambers 4:35 p.m. - Council Work Session, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Building and Grounds Committee, Council Chambers 5:05 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service list for the position of Fire Lieutenant, as certified by Civil Service Commission on June I, 2012. 2. Waterloo Cultural and Arts Commission meeting minutes of January 12, 2012; February 22, 2012; and March 21, 2012 on file in the City Clerk's office. 3. Waterloo Leisure Services Commission meeting minutes of April 10, 2012 on file in the City Clerk's office. I June 11, 2012 Page11 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 41 to Peterson Contractors in the total amount due of$71,064.23 2. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 24 to Vieth Construction in the total amount due of$23,988.45 3. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 19 to Aspro in the total amount due of$106,905.13 4. F.Y. 2012 Asphalt Overlay Program, Contract No. 818 Pay estimate No. 2 to Aspro in the total amount due of$30,889.80. 5. F.Y. 2012 Street Reconstruction Program, Contract No. 819 Pay estimate No. 2 to Aspro in the total amount due of$276,058.04 6. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Payment to Croell and Subsidiary in the total amount due of$265,236.60 7. Waterloo Stormwater Lift Stations at Westfield Ave, Virden Creek & Vinton Payment to Stanley Consultants Inc. in the total amount due of$89,563.05 CITY OF WATERLOO , IOWA * gym COMMUNITY PLANNING AND DEVELOPMENT *� O� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 I7) ‘ NOEL C.ANDERSON,Community Planning&Development Director ' (a/a i r Council Communication Mayor City Council Meeting: May 29, 2012 02 1 L2/(i61, BUCK oti CLARK Prepared: May 25, 2012 — �,� 50.f Dept. Head Signature: Noel Anderson, Community Planning & Development Director �I # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Set date of hearing for a request by Cedar Valley Tech Works Inc. for a "M- DAVID 2,P" Planned Industrial District site plan amendment for approximately 27 acres of land JONES for the Tech Works Campus redevelopment project, The Green at Tech Works Project, Ward and the Deere Museum Project. CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLE Ward2 Recommended City Council Action: Set a date of hearing for a site plan amendment HAROLD as described above. GETTY Ward3 Summary Statement:At the June 5, 2012 meeting of the City of Waterloo Planning, Programming, and Zoning Commission, the request by Cedar Valley Tech Works, Inc. QUENTIN will be reviewed for approval for a site plan amendment to the "M-2,P" Planned Industrial HWART ard District for the redevelopment of the Tech Works Campus (shown) for the Tech 1 building to be renovated for industrial user space, the Tech 2 Building to be renovated for office RON and hotel space, and the Deere building to west to be redeveloped into the Deere WELPER Museum Project. The Tech Works Campus is located between Westfield Avenue and Ward5 West Commercial Street. BOB The "M-2,P " Planned Industrial District requires GREENWOOD qres allnew major projects to be approved At-Large for site plan approval through a public hearing process. The attached site plan would represent continued development of the area, which is located within the Downtown STEVE Waterloo TIF District. The building exterior will be changed for the uses described, while SCHMITT some buildings may be utilizing historic tax credits, so would see less exterior change. At-Large The full site development will include some wind and solar components, which will be addressed more specifically through a process by the Board of Adjustment. Some of the wind towers may be used similarly to light poles for power generation and decoration. Some of the solar panels may be used to cover ground parking, providing energy and shade at times. The overall campus development will definitely have some changes, but the primary building shapes and sizes will remain the same. Staff will continue to review access points (many of which are already built and designated), drainage, landscaping, etc. The "M-2,P" classification requires a public hearing be held for changes of a significant magnitude. The new redevelopment, addition of wind and solar, and change in uses of the buildings qualifies as a major change. Expenditure Required: none CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! O �y An Equal Opportunity/Af trmative Action Employer x'a r t a,.o( Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA Background Information: The "M-2,P" Planned Industrial District was designed to allow for industrial and complimentary uses on a large scale development. This development would be in conformance with this designation. The "M-2,P" Planned Industrial designation furthermore requires review for the building materials, designs, layouts, to ensure they are compatibly designed with the built environment—working to keep a higher level of aesthetics, buildings, and commercial attractiveness to the business park, as well as coordinating the overall development of a larger area of land for curb cuts, traffic flow, uses, etc. Staff believes this project works to meet all these criteria and objectives of the Zoning Ordinance, and ask for approval of this request. This action will help to continue to bring new development to the area. • I`" __ s.....:a .. .....�'3 ^37 Y4 .. +-r„t ?ems?r�si...� "'`^,.jr.C.+s` '.2'Y=.7 :\. " 9 -"� Request For Site Plan Amendment in the z. _ M-2, P Planned Heavy Industrial District for the n apY development of the Cedar Valley Techworks Campus - F [tr .{`c =`F t x _ . "- ' Y 7A§�a�'2w'y . y a j ''4. -< 4` iy ;#.,. � 4. �- � ll- x "Tile �x �. .a;yy . 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Head Signature: , �� z (7� ) # of Attachments: 1 /� SUBJECT: Proclamation: Juneteenth Celebration Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: roir ist CITY OF WATEju400, IOWA PROCLAMATION WHEREAS, on June 19, 1865, Union soldiers led by Major General Gordon Granger landed at Galveston, Texas, to enforce President Lincoln's Emancipation Proclamation and declare freedom for all slaves; and WHEREAS, each year thereafter, former Texas slaves and their descendents joined in a celebration of freedom and the commemoration became known as "Juneteenth"; and WHEREAS, across our nation, Americans celebrate Juneteenth, a day to reflect on the sufferings of slavery and to remember the joyful declaration of freedom. It is a time of rejoicing with family and friends and a time for planning the future; and WHEREAS, this celebration gives us the opportunity to commemorate the African American heritage. As we honor the courage and fortitude of our ancestors, we renew our commitment to combat injustice with the triumphant spirit of freedom. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim June 19, 2012, JUNETEENTH CELEBRATION in the City of Waterloo and acknowledge the many contributions African Americans have made to our great Nation. Today is an opportunity to recommit ourselves to confronting injustice wherever we find it and upholding the dignity of all people. By doing so, we protect the freedom and democratic ideals that will keep America strong for generations to come. We encourage all citizens of the Cedar Valley to take part in the various Juneteenth events June 13 through June 17, 2012. IN WITNESS WHEREOF I have here unto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 11 th day of June 2012. ATTEST: Suzy S h es ,ii ,� „. R i e ''•« .04 Buck Clark City Clerk '��E� ►) )' Mayor ° y - I LI N E,TE E.NTHivem _ "9 - VVQRLCr Wit:E CELERRATi01V iNE , 1 UNITyCOMMUNITYW COMMUNITY CIO �V_JI II W I� Wednesday,June 13 Prayer Walk Around the Courthouse 12:00 Noon Black Hawk County Courthouse Power of Prayer: Veterans'Town Hall Meeting 7:00 pm —9:00 pm Faith Temple Baptist Church (325 Park Avenue) Thursday,June 14 Harmony Day 10:00 am—3:00 pm Lincoln Park(E.4th & Franklin St.) Friday,June 15 Gospel Night Out 5:00 pm —7:00 pm Black's Building(E. 4th&Sycamore St.) Command Steppers Workshop w/Jay Most 7:00 pm —10:00 pm Blues Night Out/Mississippi Blues Boy gename Dwtham. 10:00 pm—2:00 am Saturday,June 16 10:00 am—5:00 pm GATES Park(E. 4th& Lester St.) NAACP Peace March 10:00 am March from Sullivan Park to Gates Park 30 and Over Basketball League 10:00 am—3:00 pm Veteran's Benefits/Family Health Fair Noon—4:00 pm Custom Car& Bike Show 3:00 pm—5:00 pm Command Steppers Workshop w/Jay Most 2:00 pm—5:00 pm Black's Building(E. 4th&Sycamore St.) Front Line Stories from Veterans 5:00 pm —7:00 pm AAHCM Box Car 1320 E. 4th St. "Spay.Ma" Recanding Qntist RSShewn Ncvvungtan 7:00 pm—9:00pm Black's Building(E.4th&Sycamore St.) Command Steppers Performance 9:00 pm —11:00 pm Black's Building(E .4th&Sycamore St.) Blues Night Out/Mississippi Blues Boy cen une 1Dwiliane 11:00 pm —2:00 am Sunday,June 17 Juneteenth Unity Worship Service 11:00 am New Hope Missionary Baptist Church Pastor Morris C.Anderson (710 Broadway St.) Female Flag Football 4:30 pm Gates Park(E.4th& Lester St.) For more Information please call: Martin Luther King,Jr. Center Hawkeye Community College—(319) 296-4440 NAACP—(319) 232-7150 Waterloo Steppers—(319) 504-9881 African American Historical and Cultural Museum—(319)433-5028 Human Rights Commission—(319) 291-4441 Veterans Activities—sistersoldiernetwork@gmail.com CITY OF WATERLOO Council Communication City Council Meeting: June 11, 2012 Prepared: June 5, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JOHN & GERALDINE LORD FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 200 WINDSOR DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from JOHN &GERALDINE LORD for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 200 WINDSOR DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: PROSPECT HILLS ADDITION LOT 91 WAIVER — 3 Date: RECEIVED Honorable Mayor and City Council _. gRY 30 cp City Hall Waterloo, IA 50703 Cr(ENGINEE) IIKERLN'IA Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Coa.crc rc driveway or sidewalk located at (concrete or asphalt) )ODn sor OP . (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. Xelimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. „ C asphalt driveway with the elimination of the sidewalk section. toN\ atvdrker ko placing a driveway or sidewalk on City right of way on an unimproved street. jrr.0,4" `y Other: R 3a1; 5� I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, -w cro e!(7)r4 r Printed Name of Property Owner Signature of Property Owner AP, - - , - '''' ., . . ,5.4.44-:4„.,... .....,.. . . _ _____ 1 . . . , F , . . . . . . ., I, ;7 I e I . t 1 i PAYMENT DATE City of Waterloo BATCH NO. 06/11/2012. 715 Mulberry St 2012-12000290 ,COLLECTION STATION Waterloo, IA 50703 COUNTER 1 (319) 291-4323 RECEIPT NO. RECEIVED FROM 2012-00001228 JOHN & GERALDINE CASHIER ;LORD Ella Ellis JDESCRIPTION ;DRIVEWAY AT 200 WINDSOR DR. PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 CLERK RECORDING&PUBLICATN 3492 $7.00 DRIVEWAY AT 200 WINDSOR DR. 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 ': Total Other $0.00 , Total Remitted $7.00 Change $0.00 Total Received $7.00 jj Total Amount: $7.00 Printed by: Ella Ellis Page 1 of 1 06/11/2012 11:53:23 AM CITY OF WATERLOO Council Communication City Council Meeting: Tune 11, 2012 Prepared:June 5, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JOHN &GERALDINE LORD FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 200 WINDSOR DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from JOHN&GERALDINE LORD for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 200 WINDSOR DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: PROSPECT HILLS ADDITION LOT 91 WAIVER Dare: ' 1. Honorable Mayor and City Council -<} RECEt�D City Hall ; 3J ftECC Waterloo, IA 50703 "y CITY ENG1NF�5 _ V ATERIN to Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a c,At. driveway or sidewalk located at (concrete or asphalt) 200 6,-) sot- DP . (Address) This waiver is needed because of: special surface texture(i.e., exposed aggregate, brick stamped pattern, paving brick)to be used on the concrete approach. Xelimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. rc n1 asphalt driveway with the elimination of the sidewalk section. fizz veer kn placing a driveway or sidewalk on City right of way on an unimproved street. L1he tr6ge'411 Other: 5/3°1i2- I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, i'. G "P© �eru�r{,one l'({Printed Name of Property Owner S►, nature of Property Owner r rID, • • • • • t ' t fy a1�494!4. r • I • • • • y ... s ; T • • CITY OF WATERLOO Council Communication City Council Meeting:June 11, 2012 Prepared: Tune 5, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY ANNA HANNA FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 2008 WESTVIEW AVENUE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from ANNA HANNA for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 2008 WESTVIEW AVENUE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information; This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: PARK VIEW GARDENS E 113 FT N 150 FT LOT 24 EXC HWY WAIVER Date: C.) O``{ - / 2_ Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a c, a+ driveway or sidewalk located at (concrete or asphalt) u 0 (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. $-ee()- D9 asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of six dollars ($6.00) for the purpose of recording this agreement. Respectfully submitted, 41,i)a lukt. **lb' X-14 /; (77c. Printed Name of Property Owner Signature of Property Owner PAYMENT DATE City of Waterloo BATCH NO. 106/13/2012 715 Mulberry St 2012-12000306 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. COUNTER 1 (319) 291-4323 2012-00001319 RECEIVED FROM CASHIER �AININA HANNA Ella Ellis DESCRIPTION ;DRIVEWAY 2008 WESTVIEW AVE. PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 CLERK RECORDING&PUBLICATN 3492 $7 00 DRIVEWAY 2008 WESTVIEW AVE. 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 Total Other $0.00 Total Remitted $7.00 Change $0.00 Total Received $7.00 Total Amount: ( $7.00 Prilted by: Ella Ellis Page 1 of 1 06/13/2012 03:20:30 PM CITY OF WATERLOO Council Communication City Council Meeting:June 11, 2012 Prepared: Tune 5, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT; REQUEST BY ANNA HANNA FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 2008 WESTVIEW AVENUE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from ANNA HANNA for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 2008 WESTVIEW AVENUE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: PARK VIEW GARDENS E 113 FT N 150 FT LOT 24 EXC HWY WAIVER Date: 0 0 ( — / ?— Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a C_ driveway or sidewalk located at (concrete or asphalt) 00 6k.) (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. k-ezc)- D9 asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of six dollars ($6.00) for the purpose of recording this agreement. Respectfully submitted, 4 U7a : ?11/1c-k__ 7> '- r-/C;. Printed Name of Property Owner Signature of Pro ert Owner p Y CITY OF WA I'ERLOO CA)II-6( Council Communication City Council Meeting: Tune 11, 2012 Prepared: Tune 5, 2012 I � �trig .',1A0, 653 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution to cancel assessments for 1530 West 2°a Street and 2308 Lafayette Street Submitted by: Suzy Schares, City Clerk Recommended City.Council Action: Resolution approving cancellation of assessments for 1530 West 2'd Street and 2308 Lafayette Street; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Summary Statement: Expenditure Required: Background Information: Iowa Code 384.84 states that if the delinquent rates or charges were incurred prior to the date a transfer of the property or premises in fee simple is filed with the county recorder and such delinquencies were not certified to the county treasurer prior to such date, the delinquent rates or charges are not eligible to be certified to the county treasurer. Waterloo Water Works Bill Adjustment Request Form *Note that there is a week turn around time per request* Date Account number Property address requesting adjustment for O W. �-- Contact name&number Adjustment request details (' Vl0 ;-,9(0 aY aerl For Office Use Only Date request processed Status Amount credited Notes Waterloo Water Works Bill Adjustment Request Form *Note that there is a week turn around time per request* Date ` 610 Account number Property address requesting adjustment for 9 O L, a,,�Q0` � SI gt Contact name &number C 1,1 6°,` -2i 77d� Adjustment request details 5� 5/A • Act,1 pi( Et0:71-0) PO* De<753 uvcc For Office Use Only Date request processed Status Amount credited Notes Waterloo Water Works Bill Adjustment Request Form *Note that there is a week turn around time per request* Date Account number A r Property address requesting adjustment for IS1) J" Contact name&number (U s Adjustment request detailsOA; t CA( &(( IAD AO cry" 3-etf -f ► ' c For Office Use Only Date request processed Status Amount credited Notes Waterloo Water Works Bill Adjustment Request Form *Note that there is a week turn around time per request* Date �` �'' r Account number Property address requesting adjustment_ for P`2O (e. Contact name&number �i- ���A& (�Y I I4 - Pal—2'37 Adjustment request details 5 " 4 ✓� �a1 g(6 CpAck,1 ( l t • A514, N _�� . ,,se Wit- For Office Use Only Date request processed Status Amount credited Notes UUFBDFR DISPLAY 5/21/12 14:40:59 View Account Information Account 01 60 0770 Customer 062903 Account 01 60 0770 2308 LAFAYETTE ST WATERLOO IA 50703 Carrier Route CR32 Customer 062903 PAYNE CINDY Acct Type Cons Type Water Bill Contract Tenant 1987 & later Owner Maint . WW Owned/WW Maintained Activity Final - Delinquent Meter Status In Meter - Size 5/8 Billing Term Quarterly Remote Flag Y Units to Bill : Total 1 Garbage 1 Sewer 1 Winter Consumption 24 Arrears: Water 53. 12 Sewer 33.06 Garbage 18.83 Service Fire Misc 28.00 STORM 11.41 Total 144.42 *MTH 9. 66 Customer Comment Type Telephone Date DUP FINAL DUE 1-13-12 G 12/29/11 TOAP & RD FOR FNL MON 11- G 11/18/11 21 TR AM G 11/18/11 CGI 11/9 8:05AM - ADDED G 11/09/11 $28 S/CHG TO FINAL G 11/09/11 SOAP & R/MTR WED 11-9 AM G 11/08/11 + F3=Exit F14=Mthly Bill F15=Acct His F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS UUF8DFR DISPLAY 5/21/12 14:56:08 View Account Information Account 01 60 0770 Customer 027566 Account 01 60 0770 2308 LAFAYETTE ST WATERLOO IA 50703 Carrier Route CR32 Customer 027566 BOYER MARY E Acct Type Cons Type Water Bill Contract Deed Holder 1987 & later Owner Maint . WW Owned/WW Maintained Activity Final - Delinquent Meter Status In Meter - Size 5/8 Billing Term Quarterly Remote Flag Y Units to Bill : Total 1 Garbage 1 Sewer 1 Winter Consumption 84 Arrears: Water 72.42 Sewer Garbage Service Fire Misc STORM Total 72.42 *MTH 37. 16 Customer Comment Type Telephone Date SEWER 0000000026/00129.81 G 6/29/11 GARB. 0000000025/00079.83 G 6/29/11 STORM 0000000026/00014. 16 G 6/29/11 DUP FINAL DUE 2-18-11 G 2/03/11 MST MON 11-29 TR G 11/29/10 WAS OFF 6-2-09 COLL C 6/03/09 + F3=Exit F14=Mthly Bill F15=Acct His F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS UUF8DFR DISPLAY 5/21/12 14:59:49 View Account Information Account 01 60 0770 Customer 062805 Account 01 60 0770 2308 LAFAYETTE ST WATERLOO IA 50703 Carrier Route CR32 Customer 062805 BRADY LEWIS Acct Type Cons Type Water Bill Contract Tenant 1987 & later Owner Maint . WW Owned/WW Maintained ' Activity Final - Delinquent Meter Status In Meter - Size 5/8 Billing Term Quarterly Remote Flag Y Units to Bill : Total 1 Garbage 1 Sewer 1 Winter Consumption 30 Arrears: Water 12.95 Sewer Garbage Service Fire Misc STORM Total 12.95 *MTH 14.56 Customer Comment Type Telephone Date SEWER 0000000027/00012.50 G 6/29/11 GARB. 0000000026/00015.50 G 6/29/11 DUP FINAL DUE 2-18-11 G 2/03/11 TOAP & RD FOR FNL FRI 12- G 12/17/10 17 TR G 12/17/10 TO BE SOAPED 12-14 G 12/14/10 + F3=Exit F14=Mth1y Bill F15=Acct His F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8912 30-378-003 SMITH,STEVEN SMITH,STEVEN 3905 OAK PARK CR PDF No. Map Area Contract Buyer WATERLOO, IA 50701-0000 7 EWTLO-07 Property Address Current Recorded Transfer 2308 LAFAYETTE ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-0000 1/5/2012 3/13/2012 2012 016841 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 1/5/2012 4,300 QUIT CLAIM DEED - 12 / Deed 8/22/2003 WA 1950 0 Roof 8/25/2011 95 SHERIFF OR TAX SALE - 09/11 / Deed 4/3/2000 WA 0464 3,300 Ext-Remodel 4/2 1/1 999 1,586 SALES $10,000 OR LESS (LINE 3 OF 3/20/2000 WA HA 0322 2,900 Misc THE DECLARATION OF VALUE) - 8/9/1999 WA 1848 690 Porch PRIOR 09 / Deed 8/14/1991 7,000 SALE BETWEEN FAMILY MEMBERS - PRIOR 09 /Contract ASSESSED VALUES/CREDITS Year Class 2012 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 4,370 47,710 0 0 52,080 0 Taxable Land Dwelling Building M/E Total Value 4,370 47,710 0 0 52,080 Year Class 2011 R 100% Land Dwelling Building M/E Total Acres Value 4,370 47,710 0 0 52,080 0 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Exemption Credit Credit Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 2,218 ,24,214 0 0 26,432 Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 3,730 53,030 0 0 56,760 0 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Exemption Credit Credit Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 1,810 25,735 0 0 27,545 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 3,730 53,030 0 0 56,760 0 Military 'Homestead 'Disabled Veteran 'Property Tax Relief'Agricultural 1Family Farm Credits Exemption Credit 'Credit (Credit (Credit (Credit Y Taxable Land Dwelling Building M/E Total Value 1,750 24,876 0 0 26,626 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 56,760 27,545 0 42.69322 $1,175.98 $1,046.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $130.45 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL COTTONS ADDITION E 1/2 LOT 1 BLK 2 AND VAC ALLEY 8 FT IN WIDTH E OF ADJOINING SAID LOT LYING BETWEEN SWLY LINE OF LAFAYETTE ST IN SAID ADD & THE EXTENDED S LINE OF SAID LOT LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 36 36 128 128 0 4608 0.106 Totals: 4608 0.106 DWELLING CHARACTERISTICS Type Style Single-Family / Owner Occupied 1 1/2 Story Frame Year Built Area Heat AC Attic 1914 616 Yes No None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 7 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring C Blk Carp /Vinyl Exterior Walls Interior Finish Vinyl Plas/ Drwl / Panel Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired 'Space Heaters Heating 0 Year Built Style Area Basement (SF) No Basement (SF) Heat AC Attic Addtions 1914 1 Story Frame 120 120 0 Yes No 0 1914 1 Story Frame 170 0 0 Yes No 0 Plumbingl1 Full Bath 1 Type Count Fireplace 1 1/2 Story 1 Style Area Masonry 1S Frame 30 Porch Enclosed 1 S Frame Open 56 Frame Encl 2nd 56 Floor DeckStyle Area Wood Deck-Med 244 Application for Variance of City Ordinance Discharge of Weapons 5-2-6 Waterloo Code of Ordinances Name: Monte Meyer(South Hills Golf Course) Address: 1830 E. Shaulis Rd,Waterloo Iowa Telephone: 291-4268 Name of Organization or Group: M ohm Vleye r -Pr o S i op , L Officers (if applicable): President: (VI c2n CVIe\t/er. Vice President: Secretary: Treasurer: Type of Activity: Bow Demonstration on Targets Location of Activity: 1830 E. Shaulis Rd, Waterloo Iowa,#1 Fairway and Practice Green. Is this an annual permit: yes X no Is this in conjunction with a special event: X yes no Date of event: June 16, 2012 I hereby attest that the above facts are true and accurate to the best of my ability. Applicant Signature: C-/gart �.M4;2/ Date: 5= 3 tom Dear Suzy Schares, I,on behalf of the"Outdoorsmen",am requesting a 1 day variance to the archery ordinance in a Waterloo City Park, We would like to bring in Matt Stutzman to do a demonstration at South Hills Golf Course on Saturday June 16th, 2012. Mr.Stutzman is a member of the 2012 Paralympics team that will be representing the United States in this year's Paralympics games in London. The format we would like to be allowed would be as follows: 1:00 p.m.—Have Mr. Stutzman attempt to regain his world record longest shot. This shot would be attempted on hole#1. At no time during this attempt will anyone be on the golf course, 6:00 p.m.—Have Mr.Stutzman demonstrate his skills with'a bow on the driving range. These shots will be in the range of up to 30 yards. The"Outdoorsmen"group is hosting a 4 person best shot at South Hills on this same date. This event should attract 144 golfers. The event starts at 1:30 and should wrap up around 5:30. There is a morning —event-that-will-be-totally-off-the-golfcourse-by-12:30. Mr.Stutzman is from Fairfield Iowa and the following link should give you a glimpse of what his demonstration would be about: http://www.neatorama.com/2011/12/28/meet-matt-stutzman- archer/. Please contact me with any questions you may have Thank you for your consideration of this request, Monte Meyer Head Golf Professional—South Hills GC 319-493-2008 • . • , F-- • : ! ; 1 , '• '•-•-••••-• . I 1 . •• , E Shaulis Rd .,._ ,.„..._ . . _ . - ..,t : --'tr--'----- • • ...-•-•-•-"-E. lisufis Rd 7, ..„.T4w....4.4e.,..:t,Tiff,f--- : '41;p4te:;; !Shads Rd , n7Infry77;:„. % '; ,:m.i. .0,., :;'Il!...--,,, ,f iiiy:L.y.-.., -,--, 1 ,414‘._ :L'-VAP". " '• ' ; .; ";- --7';%;"' .!J'-v'4%1 I ! , : , IT' .`• -4; s-4'..14-WIl ;" ".14% Se-4.4-k.'1.,-•'-',-,4,--------',1 %,'....::"I ; 1 , ,.;3,..,.• ;;ig”'f .,,01-=. %.*:4.'W,....„0,-,...?E,"t',,,'1,:::'' f,-,-• ..,!.•1_1 1 FL'A' 4 r,'4 -.)., ---'4!vrife4•;,•••;.4tk '-1;1I• 1 11 : " 4s - , {-*i •Pi v j-- -.4`.-•.-- . r.K.:4;1. ''+' 4-..,.., -.4-5. .,r'INsti-,:--.A.ArnAY;, i - -,4 . 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I I ' 1•01 AK, 1 0 ,. • , i ff I • Tuesday,May 29,2012 09:52 AM Dear Suzy Schares, I, on behalf of the "Outdoorsman",am requesting a 1 day variance to the archery ordinance in a Waterloo City Park. We would like to bring in Matt Stutzman to do a demonstration at South Hills Golf Course on Saturday June 16th, 2012. Mr. Stutzman is a member of the 2012 Paralympics team that will be representing the United States in this year's Paralympics games in London. The format we would like to be allowed would be as follows: 1:00 p.m.—Have Mr. Stutzman attempt to regain his world record longest shot. This shot would be attempted on hole#1. At no time during this attempt will anyone be on the golf course. 6:00 p.m.—Have Mr. Stutzman demonstrate his skills with a bow on the driving range. These shots will be in the range of up to 30 yards. The "Outdoorsmen"group is hosting a 4 person best shot at South Hills on this same date. This event should attract 144 golfers. The event starts at 1:30 and should wrap up around 5:30. There is a morning event that will be totally off the golf course by 12:30. Mr. Stutzman is from Fairfield Iowa and the following link should give you a glimpse of what his demonstration would be about: http://www.neatorama.com/2011/12/28/meet-matt-stutzman- archer/. Please contact me with any questions you may have Thank you for your consideration of this request, Monte Meyer Head Golf Professional—South Hills GC 319-493-2008 Shaulis Rd E Shaulis Rd E Shaulis Rd •O 7 � s Fnrk in -; Sou ills • • .31 Golf F •urse e h. D U, Tuesday,May 29,2012 09:52 AM 40 li5•Ra r.. __-E•Shaulis,F. . au is f. �'4 . 04 .:D< Dfi ....� yy ' t A 1. - !mil I a u ".a t f If Y s. / e r ,,•• owl' No . lime) .. . , ii I' ,i * �! U, 41, 0 p cr N Friday, May 25, 2012 02:37 PM i MARIA ARMSTRONG From: Leibold, Joe [leiboldj@waterloopolice.com] Sent: Monday, June 04, 2012 1:20 PM To: MARIA ARMSTRONG Subject: RE: Variance request for South Hills Golf Course He told me he was going to get that stuff to you last week. I will see if I can run him down this week. Thanks Joe From: MARIA ARMSTRONG [mailto:MARIA.ARMSTRONG@WATERLOO-IA.ORG] Sent: Monday, June 04, 2012 12:14 PM To: Leibold, Joe Subject: RE: Variance request for South Hills Golf Course I haven't heard back from Monte..I've got it on the June 14th agenda but don't have any other info beside what you gave me for council. Thanks Joe, Maria Armstrong City of Waterloo-City Clerk&Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W: 319-291-4323 F: 319-291-4571 E: maria.armstrongt&waterloo-ia.org From: Leibold, Joe [mailto:leiboldj@waterloopolice.com] Sent: Monday, June 04, 2012 9:30 AM To: MARIA ARMSTRONG Subject: FW: Variance request for South Hills Golf Course Any idea on the status of this one, didn't see it on the agenda for tonight? Joe From: SUZY SCHARES [mailto:SUZY.SCHARES@WATERLOO-IA.ORG] Sent: Friday, May 25, 2012 10:25 AM To: Leibold, Joe Subject: FW: Variance request for South Hills Golf Course Suzy Schares,CMC City Clerk City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522#3008 6/6/2012 From: South Hills Golf Course [mailto:southhills@mchsi.com] Sent: Tuesday, May 22, 2012 8:12 PM To: SUZY SCHARES Subject: Re: Variance request for South Hills Golf Course Suzy, Here it is in pdf. Thank you again for your help Monte Meyer South Hills GTolf Course 319-493-2008 Original Message ---- From: SUZY SCHARES To: South Hills Golf Course Sent: Tuesday, May 22, 2012 3:41 PM Subject: RE: Variance request for South Hills Golf Course Hi Monte, Can you resend the letter in a word or pdf format?thanks, Suzy Schares, CMC City Clerk City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522#3008 From: South Hills Golf Course [mailto:southhills@mchsi.com] Sent: Tuesday, May 22, 2012 11:50 AM To: SUZY SCHARES Subject: Variance request for South Hills Golf Course Dear Suzy, Thank you for your time this morning. I have attached the information that you asked for. Thanks Monte Meyer 6/6/2012 MARIA ARMSTRONG From: Leibold, Joe [leiboldj@waterloopolice.cor] Sent: Monday, June 04, 2012 9:30 AM To: MARIA ARMSTRONG Subject: FW: Variance request for South Hills Golf Course Any idea on the status of this one, didn't see it on the agenda for tonight? Joe From: SUZY SCHARES [mailto:SUZY.SCHARES@WATERLOO-IA.ORG] Sent: Friday, May 25, 2012 10:25 AM To: Leibold, Joe Subject: FW: Variance request for South Hills Golf Course Suzy Schares,CMC City Clerk City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522#3008 From: South Hills Golf Course [mailto:southhills@mchsi.com] Sent: Tuesday, May 22, 2012 8:12 PM To: SUZY SCHARES Subject: Re: Variance request for South Hills Golf Course Suzy, Here it is in pdf. Thank you again for your help Monte Meyer South Hills GTolf Course 319-493-2008 ----Original Message From: SUZY SCHARES To: South Hills Golf Course Sent: Tuesday, May 22, 2012 3:41 PM Subject: RE: Variance request for South Hills Golf Course Hi Monte, Can you resend the letter in a word or pdf format? thanks, Suzy Schares, CMC City Clerk City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522#3008 6/6/2012 From: South Hills Golf Course [mailto:southhills@mchsi.com] Sent: Tuesday, May 22, 2012 11:50 AM To: SUZY SCHARES Subject: Variance request for South Hills Golf Course Dear Suzy, Thank you for your time this morning. I have attached the information that you asked for. Thanks Monte Meyer 6/6/2012 Dear Suzy Schares, I, on behalf of the"Outdoorsman", am requesting a 1 day variance to the archery ordinance in a Waterloo City Park. We would like to bring in Matt Stutzman to do a demonstration at South Hills Golf Course on Saturday June 16th, 2012. Mr. Stutzman is a member of the 2012 Paralympics team that will be representing the United States in this year's Paralympics games in London. The format we would like to be allowed would be as follows: 1:00 p.m.—Have Mr.Stutzman attempt to regain his world record longest shot. This shot would be attempted on hole#1. At no time during this attempt will anyone be on the golf course. 6:00 p.m.—Have Mr.Stutzman demonstrate his skills with a bow on the driving range. These shots will be in the range of up to 30 yards. The "Outdoorsmen" group is hosting a 4 person best shot at South Hills on this same date. This event should attract 144 golfers. The event starts at 1:30 and should wrap up around 5:30. There is a morning event that will be totally off the golf course by 12:30. Mr. Stutzman is from Fairfield Iowa and the following link should give you a glimpse of what his demonstration would be about: http://www.neatorama.com/2011/12/28/meet-matt-stutzman- archer/. Please contact me with any questions you may have Thank you for your consideration of this request, Monte Meyer Head Golf Professional—South Hills GC 319-493-2008 APPLICATION • FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME, ri Cif Co mm i s l o n G cn 1-bittan P8 K-K APPLICANT'S ADDRESS: I WI) 0.11�(l�,rt-c, Scree-F, IA 5t)-7oa APPLICANT'S PHONE#: f 31q") 2q ( -L L L ANTICIPATED DATE OF VARIANCE:'' dime ICI 1 2 012. NAME OF EVENT: oSIAmtmer F4O..rnnon 7 fl pay/ • TIMES OF DAY OF VARIANCE: q .00 O.,rn, - y'0O p. rr GEOGRAPHICAL LOCATION OF VARIANCE: .L.%n Co I n a.r k 0 in I�lulbervt ( Si-ree+ * L-b S-fvee.4-- DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 1. The. C itt_; c loft-Ierlap kuuan &touissiQ Qoil I b2 hoIdins, �tavy�rner 14€1-4-mony Do-.( i(3Livi Cs)tV) Pc - Sane. (4,2o12_ nn tUuIioery a F,L*b S+reef - rc a - 10 (km - 3 p m 1As,, c>_. -free e ent -to -1-he e,emm pun i- to Fos-terr 4.4 -lu'11M�'i-Wle.Vl+" 0 cirri (AYII"rtl �n tVif '1r �111�1(� INl1 V'Ptn-4-i0vtfp trl -fie Cer�®r. Vaii•ey evtcot.ra t Ccrl &nd jCD to to --1-Inc Mtn . 9cr people Fo C�vy�e 2. htC* 'hies h\cIL(C�c'• V1 oL Rcadlu Ska t or - n'kusiC 1erLter+ae.r.w,er f -USe of PR sOien, in lat-e�bk - 2 • Free -Food, 4 Ise-1reshvrlertts Rch\!i k-i.s fat- Kids of o I ay.S pplicant's Signature Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: I I AP- APPROVAL: _IF _—sy� ''" DENIAL: DENIAL: DECIBEL LEVEL: 9-jam' APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: A/W He r°. 455ru11Gr -ti yt L'JlaLach APPLICANT'S ADDRESS: 'i/r7 Bro cat byte/ , Joa lao yiA - 60'703 APPLICANT'S PHONE#: d7 I - a23 3 -1(o(pat L)y f 75 2 ANTICIPATED DATE OF VARIANCE: lone 24"4' an.ot �+.axytLst 2' 2012_ NAME OF EVENT: e Srt as ;J1 -e-, kk;y h 6/ J cL • TIMES OF DAY OF VARIANCE: ' 10 air) - p GEOGRAPHICAL LOCATION OF VARIANCE: Cernec e{ Fro6-thuei-V ca.n cL cUnv ch +A.& C11L.i �cc c^ICc,ac Dl� F DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPER111:S: -fee.+ • PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 1..�� //V(�Lt.+i(Liza, 5nefc�c� CiLt� �i �pU"San4 c ' music , I l 1 t.A.S-; ti.n S p lays' n PA C y(l 2. 1-17 S a leU-r ll bite-i t Lo e vf,ne.e_f erhwc.h f� - .e_, a- a6h hadc{ -.41firevt.01 s?reacLcnj - .� posh�Q. Jesus Ch o i d ex, nizt-4-a,� e rl,ec s Lae_ n e., h a a c 2Ife,ncj!, -Frte -G®c - e ,, �� � - h e 4 o etNi bola'5 K box /p l tc,,.j stcc f;cli -f(ht 'mate-, F , 1 !!!( A licant's Signature 51300//2 Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: (Si(l (9'0I.3- APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: IS a APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: ),<el. e ) ) APPLICANT'S ADDRESS: k101. ( / f Q . 5/e 130 APPLICANT'S PHONE#: (31`7 72 - 2<Cb(2) ANTICIPATED DATE OF VAII RIANCE: 6/) ' Z - g 1/6/ l Z/ NAME OF EVENT: ?P(�u r l ! `d 21G1!lLle_ TIMES OF DAY OF VARIANCE. d o - CQ UYt GEOGRAPHICAL LOCATION OF VARIANCE: lt Col le0) -e DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPER11ES: t y lhilr CCoc-oe S V16l,I Sr n atR✓se PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 2. • • YI, Ap icant's S' ture 7 Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: Lei (70(a- APPROVAL: =� DENIAL: • DENIAL: DECIBEL LEVEL: C?S cfI APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: l� gtSSidis /Zit-N t APPLICANT'S ADDRESS: <76 U Arrejt.e Q Ve, APPLICANT'S PHONE#: 6 16,2q -Sya q ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: 5u vn yYI er-�A m i iy 'e-cs{- vat /f1I neK PA HA/ TIMES OF DAY OF VARIANCE: I aprt-Vb e5 Gc.i, GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERIThS: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. -Cj1. ((1 a a (firtaizipl 771.44a4:c 6451t zuial u J rvtp.A. nrna Q c,ano arm 7rwutrc,p CUA �aa'U f o e_ JLc .e t��.C N / .A 2. 7 Applicant's Signature Date • CITY COUNCIL ACTION: Police Dept.Reco ndation APPROVAL: tO/ ( 131)(2" APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: .C;) �j� CITY OF WA IERLOO Council Communication City Council Meeting: June 11, 2012 Prepared: June 5, 2012 Dept. Head Signature: Joe Leibold # of Attachments: Two SUBJECT: Waterloo Jaycees Fireworks Festival Submitted by: Joe Leibold (Waterloo Police) Recommended City Council Action: Approve the annual Waterloo Jaycees Fireworks Festival to be held at the National Cattle Congress Grounds on July 7th, 2012. They also request permission to extend the authorization to July 8th in case of rain. Allow access to San Souci Island on July 6`h, 7th and 8th for set up, launch and clean up. Summary Statement: There are no street closures associated with this event, and a Fire Truck is requested at San Souci Island during the launch. They will have a small fireworks show on July 6th with the main show on July 7, rain date July 8t. Approximate launch time is 10 PM on both nights. Expenditure Required: Labor and fuel costs associated with providing Public Safety Services during the event. Source of Funds: N/A Policy Issue:N/A Alternative: Background Information: lot m s ="�'' -'"-- ___•* r t --�, ,..� , ;r- , ...---,__ ,1.--, _ __., , amaczais4,,, -.„,„ w W W.wc4R�lbaoksycc 95.tNt) TO: City of Waterloo Daniel Trelka, Public Safety Director CC: City of Waterloo Mayor Clark RE: Waterloo Jaycees Fireworks Festival Friday July 6 and Saturday July 7, 2012 (rain date July 8, 2012) The Waterloo Jaycees will sponsor the Waterloo Jaycees Fireworks Festival on Friday July 6 from 5:00pm to 12:00am and on Saturday July 7, 2012 from 12:00pm until 12:00 am(rain date is Sunday July 8, 2012). As in previous years this festival will include live bands, food/beverage vendors, beer gardens and fireworks. The activities have been moved to the National Cattle Congress, with the Fireworks being shot off of Sans Souci Island. We plan in working from July 6th beginning at 5:00 p.m. through 12:00am July 7th or 8th depending on if we use a rain day. The locations that will be needed include: 1. Sans Souci Island Engineering and Streets Departments No street closures will be necessary. Fire Department The Jaycees request that a fire truck be parked at Sans Souci Island. Vendors The Festival will host between 9-14 food and beverage vendors. Vendors will be located inside the National Cattle Congress grounds. Entertainment Live music will take place inside the National Cattle Congress grounds with the stage tentatively placed to the southwest of the Electric Park Ballroom. If you have questions don't hesitate to contact me at the following address and phone numbers: Mr. Benjamin Wagner 1147 Bourland Ave Waterloo, Iowa 50702 319-290-7536 Cell44-4 The Jaycees are committed to ensuring a safe, family-friendly experience in which to celebrate our City and Independence. We appreciate all of the efforts of the Mayor,City L Officials, Police Department, Fire Department, and Department heads within the City of _r Waterloo to ensure a successful event. �t. Sincerely, Ben Wagner Cc: Agnes Kress, Festival Chairperson y5" } 2.- FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2013_ BUDGETED ����/� `A CITY OF WATERLOO EXPENDED YTD THIS REQUEST /56--° LEFT AFTER THIS REQUEST 9,, W-6 DATE ,VA., Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Jarid Hundley May 25,2012 NAME OF CLASS/MEETING: DESTINATION: Johnston, Iowa Integrated Drug and Contraband Interdiction DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: July 17,2012 July 19, 2012 July 17-19,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer Jarid Hundley to the Integrated Drug and Contraband Interdiction seminar at the Midwest Counter Drug Training Center on July 17-19,2012, at Camp Dodge. This 3-day course presents skill sets designed to enhance the proficiency of Officers who make drug interdiction stops and conduct drug investigations. The cost of registration is free and lodging is provided by the Midwest Counter Drug Training Center. Meals and a city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $0.00 LODGING TAXI x GRANT REIMBURSABLE $105.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 155.00 TOTAL: $ 155.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR — ! � C9)4 96 DATE DATE _ �iy CITY OF WATERLOO , IOWA ��I rIL\ ITT%�.,,,. • COMMUNITY PLANNING AND DEVELOPMENT �......� .......S�tC 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 "iePIoo " NOEL C.ANDERSON,Community Planning&Development Director Council Communication Y'/ ' 5bol9tv-- Mayor City Council Meeting: Aril 1 2012 610S4 -65 CQ BUCK CLARK re pd: April 23, 2012 �!t '�4�'� Pace P Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the DAVID JONES taking of bids and request to receive and open the proposals for the Request for Ward l Proposal for Demolition and Site Clearance Services (no regulated asbestos- containing materials) for 550 Esther Street(former Chamberlains Manufacturing). CAROLYN COLE Ward 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD Recommended City Council Action:Preliminary approval of the plans, GETTY Ward 3 specifications, forms of contract, etc. and set a date of hearing and bid opening May 21, 2012. QUENTIN HART Ward 4 Summary Statement: This project includes demolitions, removals, and restoration at the former Chamberlain Manufacturing Plant site. This is a continuation of RON previous demolition and removal projects at the site. Work of this project consists WEEPER Ward 5 of demolition of the remainder of site structures, removal of footings and slabs (both Portland cement concrete and asphalt concrete), and removal of tanks. All BOB debris from this project is to be hauled off-site for disposal or recycling. GREENWOOD Restoration includes backfilling and grading with a combination of imported and At-Large on-site soils, spreading of topsoil, seeding and mulching. Plans and Specifications STEVE governing the construction of the proposed improvements have been prepared by sCH HR Green, 8710 Earhart Lane S.W., Cedar Rapids, Iowa, 52409-9009. At-Large Expenditure Required: To be determined. Estimated at$300,000 to$450,000. Source of Funds: This program is funded in part by federal HUD EDI and Iowa Brownfield grant funds. Policy Issue: Slum and Blight, Brownfield Redevelopment Alternative: N/A Background Information: The objective of this EPA Brownfield's Cleanup Project is to make the former Chamberlain Site available for redevelopment as open space. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! wy R An Equal Opportunity/Affirmative Action Employer The former Chamberlain Site is located at 550 Esther Street. The Site occupies approximately 22 acres and is topographically flat. The property has a manufacturing history dating back to the early 1900s. Chamberlain Manufacturing Company ceased operations in the early 1990's. The site was sold for warehousing in 1996. The City of Waterloo took ownership of the property in December 2005 after completing Phase I and II environmental assessments. After the conclusion of the Phase II, Supplemental Phase II and Baseline Monitoring, the former site owner and operator, Chamberlain Manufacturing, has agreed to voluntarily complete most of the remaining cleanup and investigation of the site. cc: Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner Request for Proposals for Demolition and Site Clearance Service (no regulated asbestos-containing materials) for 550 Esther Street (former Chamberlain Manufacturing) June 11, 2012 Bid Tab Estimate: $60,000.00 5 6,96) 400 Bid Security Required Bidder Bid Security Bid Amount C.J. Moyna& Sons r,fJ/� �,� a to, 24412 Hwy 13 --' J Elkader, IA 52043 Peterson Contractors Inc. > PO Box A � a 1 q , l ', Reinbeck, IA 50669 Vieth Construction Corporation �,/ /� 6419 Nordic Drive '-/D u, 'T, Cedar Falls, IA 50613 Manual No. 14/ I ` I4/ PROJECT MANUAL FOR FY 2012 CHAMBERLAIN DEMOLITION PHASE 3 550 ESTHER STREET CONTRACT NO. 806 CITY OF WATERLOO, IOWA April 2012 OWNERSHIP OF DOCUMENT This document, and the ideas and designs incorporated herein, as an instrument of professional service, is the property of HR Green, Inc. and is not to be used, in whole or in part, for any other project without the written authorization of HR Green, Inc. • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PROJECT MANUAL FOR: FY 2012 CHAMBERLIN DEMOLITION PHASE 3 CONTRACT NO. 806 550 ESTHER STREET WATERLOO, IOWA OWNER: CITY OF WATERLOO, IOWA OWNER'S AUTHORIZED CONTRACT NOEL ANDERSON REPRESENTATIVE (CONTRACT COMMUNITY PLANNING AND DEVELOPMENT DIRECTOR REPRESENTATIVE): CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IOWA 50703 TELEPHONE: (319) 291-4366 NOEL.ANDERSON@WATERLOO-IA.ORG ENGINEERING CONSULTANT: HR GREEN, INC. (CONSULTANT) DON TEMEYER 8710 EARHART LANE SW CEDAR RAPIDS, IOWA 52404 TELEPHONE: (319) 269-3281 DTEMEYER@HRGREEN.COM PREBID MEETING: PLACE: CITY HALL 715 MULBERRY STREET WATERLOO, IOWA DATE: MAY 7, 2012 TIME: 10 AM LOCAL TIME BID SUBMITTAL: PLACE: CITY OF WATERLOO, IOWA CITY CLERK 715 MULBERRY STREET WATERLOO, IOWA 50703 DATE: MAY 21, 2012 TIME: 4:00 PM LOCAL TIME MANUAL DATED: APRIL , 2012 HR. Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa CERTIFICATION I I I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. tl'ic.4$1L . Date: 44SlaNAt�y� Name: Jon E. Scharf, P. E. �O 2 ; License Number: 11786 Pg_y 1786 rn t My renewal date is: December 31, 2013 'Y"cr :: Q,.,`:-` Pages or sheets covered by this seal: Entire Bound Document HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa TABLE OF CONTENTS Section Title # Pages DIVISION 00 BIDDING AND CONTRACT DOCUMENTS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 6 INSTRUCTIONS TO BIDDERS - Instructions to Bidders 11 -Supplemental Instructions to Bidders 3 -Accidental Discovery Statement 2 -Iowa Construction Sales Tax Exemption Certificate 1 -Statement of Bidder's Qualifications 2 BID FORM AND SUPPLEMENTS TO BID FORMS -Bid Form 3 -Bid Bond 2 -Non-Collusion Affidavit of Prime Bidder 1 -Bidder Suspension and Debarment Requirements and Certification 2 LABOR REQUIREMENTS - Equal Opportunity Clause 2 - Equal Employment Opportunity Certification 2 -Affirmative Action Program 9 - MBE/WBE Participation 1 - Letter of Intent to Bid 1 -Subcontractor's Bid Request Form 1 -Soliciting for Subcontractor Quotes Letter 1 -MBE-WBE— Pre-Bid Contract Information Form 1 -MBE/WBE— Pre-Bid Contract Information Form Instructions 1 -Certified MBE/WBE Contractors 4 -Section 3 Clause 3 - HUD 60002 Form 3 CONTRACT FORMS - Notice of Award 2 - Form of Contract 5 - Performance Bond 2 -Payment Bond 3 - Notice to Proceed 1 -Non-Collusion Affidavit of Subcontractor 2 TABLE OF CONTENTS Page 1 of 2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Section Title # Pages GENERAL SPECIFICATIONS - General Specifications for Construction, City of Waterloo, IA 16 - Supplemental General Specifications for Construction, City of Waterloo, IA 2 DIVISION 01 GENERAL REQUIREMENTS 01100 - Summary 3 01225 - Measurement and Payment 5 01300 - Administrative Requirements 3 01350 - On-Site Health and Safety Requirements 3 01500 - Temporary Facilities and Controls 4 01570 - Environmental Protection and Controls 5 DIVISION 02 SITE CONSTRUCTION 02200 - Site Preparation 3 02221 - Demolition and Removals 9 02316 - Fill and Backfill 3 02900 - Site Restoration 4 02900 - Off-Site Transportation and Disposal 5 FIGURES 1 Site Demolition Plan 2 Monitoring Well Location Map 3 Known Storm Sewer Inlet Location Map ATTACHMENTS A. City of Waterloo Assessors Information TABLE OF CONTENTS Page 2 of 2 Division 00 BIDDING AND CONTRACT DOCUMENTS HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NOTICE OF PUBLIC HEARING on Proposed Plans, Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS for the Taking of Construction Bids for the FY 2012 Chamberlain Demolition Phase 3 550 Esther in the City of Waterloo, Iowa CONTRACT NO. 806 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 21st day of May, 2012, until 4:00 p.m. for the construction of the FY 2012 Chamberlain Demolition Phase 3, Contract No. 806, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 21st day of May, 2012, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on May 21, 2012, said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by HR Green, 8710 Earhart Lane S. W., Cedar Rapids, Iowa, 52409-9009 are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK This project includes demolitions, removals, and restoration at the former Chamberlain Manufacturing Plant site located in Waterloo, Iowa. This is a continuation of previous demolition and removal projects at the site. Work of this project consists of demolition of the NOTICE OF HEARING Page 1 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa remainder of site structures, removal of footings and slabs (both Portland cement concrete and asphaltic concrete), and removal of tanks. All debris from this project is to be hauled off-site for disposal or recycling. Restoration includes backfilling and grading with a combination of imported and on-site soils, spreading of topsoil, seeding and mulching. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed on or before September 30, 2012. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as same is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by HR Green, 8710 Earhart Lane S. W., Cedar Rapids, Iowa, 52409-9009, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. NOTICE OF HEARING Page 2 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa CONTRACT AWARD A contract will be awarded to the qualified responsive responsible bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, readvertise for new bids, and to waive informalities in the bids submitted that may be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. MBE/WBE REQUIREMENTS FOR FY 2012 Chamberlain Demolition Phase 3 This program is funded in part by federal HUD EDI GRANT funds. According to the City of Waterloo's Contract Compliance Program: "Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program." Accordingly, the City of Waterloo's MBE/WBE goals of 10% and 2%, respectively, apply to this Program and Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, 24 CFR Part 135 does apply. NOTICE OF HEARING Page 3 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Section 3 states in pertinent part that: "To the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project." In addition to Section 3 requirements, the City of Waterloo's Contract Compliance Program states that "this program does not eliminate the need for contractors to continue their "good- faith efforts" in using MBE/WBE subcontractors on City Contracts" BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. As this project includes federal funds, Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. NOTICE OF HEARING Page 4 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by City officials, the prime contractor, and all subcontractors, if any. NOTICE OF HEARING Page 5 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2012. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING Page 6 of 6 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should INSTRUCTIONS TO BIDDERS Page 1 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa insert the words "no bid" in the space provided for any item on which no price is submitted. c. Unless called for, alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer-generated spreadsheet, all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the City Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended, subject to rejection. INSTRUCTIONS TO BIDDERS Page 2 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non- Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. INSTRUCTIONS TO BIDDERS Page 3 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted upon request by the City. It is not required to be submitted with the Form of Bid or Proposal. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to INSTRUCTIONS TO BIDDERS Page 4 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor. As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder. Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. INSTRUCTIONS TO BIDDERS Page 5 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good- faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. INSTRUCTIONS TO BIDDERS Page 6 of 11 • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBENVBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBENVBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBENVBE bidders who submitted a Letter of Intent to Bid to prime contractors. 2. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBENVBE Certification List). If less than three (3) are offering INSTRUCTIONS TO BIDDERS Page 7 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. 3. MBENVBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. INSTRUCTIONS TO BIDDERS Page 8 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. INSTRUCTIONS TO BIDDERS Page 9 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at any time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid as indicated in the NOTICE TO BIDDERS. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. INSTRUCTIONS TO BIDDERS Page 10 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 19 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. BIDDER SUSPENSION AND DEBARMENT REQUIREMENTS Attention of bidders is called to the requirement of complying with the provisions of the Bidder Suspension and Debarment Requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Suspension and Debarment Requirements in the form herein provided. INSTRUCTIONS TO BIDDERS Page 11 of 11 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SUPPLEMENTAL INSTRUCTIONS TO BIDDERS 1. SECTION 3 CLAUSE The successful bidder shall, within five (5) days after the prescribed form is presented for signature, execute a "Section 3 Clause" in the form herein provided. 2. DEPARTMENT OF LABOR NOTIFICATION Pursuant to Requirement 41 CFR60-4.2(d)(3), contractors and subcontractors must notify the Office of Federal Contract Compliance Programs (OFCCP) in writing within 10 working days of the award of any construction subcontract in excess of $10,000 that is made under covered Federal or Federally-assisted construction contracts. Contractors and subcontractors may fulfill this requirement by notifying the nearest OFCCP district office. The address is: Director, Office of Federal Contract Compliance Programs U.S. Department of Labor 230 South Dearborn Street, Room 434 Chicago, IL 60604 A copy of this notification shall also be mailed to: Rudy Jones Contract Compliance Office City of Waterloo 620 Mulberry Street Suite 202 Waterloo, IA 50703 3. HAZARDOUS MATERIAL INFORMATION The City of Waterloo completed a Phase I Environmental Site Assessment (May 2004), a Phase II Environmental Site Assessment (May 2005), and a Supplemental Phase II Site Assessment (September 2005) for the Former Chamberlain Manufacturing Property located at 550 Esther Street, Waterloo, Iowa. Reports describing this work were prepared by HR Green, Inc.. These reports are available for viewing by prospective bidders by contacting the City. The work revealed the presence of volatile organic compounds (VOC's) in the soil and water in portions of the site. Depth to water was measured to be approximately ten to twenty feet below the surface. Also, the reports indicate below grade anomalies which suggest the presence of underground storage tank(s), buried drums, or other metals in the northerly portions of the property. SUPPLEMENTAL INSTRUCTIONS TO BIDDERS Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa The US EPA issued a Unilateral Administrative Order for Cleanup of the former Chamberlain Manufacturing site to the former owner in April 2010. This cleanup is ongoing. Also due to the EPA order, ground water monitoring is ongoing. Locations of monitoring wells and groundwater supply wells are indicated on Figures 1 and 2, included in this project manual. These wells must be protected during this Work. Due to potential contamination, no excess soil is to leave the project site. All soil should be used in on-site backfill and grading operations. The intent of this demolition and removal project to minimize the amount of subsurface excavation that could potentially expose contaminated materials. However, exposure of these materials is possible. During the course of this project, the Contractor must be prepared to protect their workers and the public from potential exposure of these materials. The City of Waterloo has completed two prior demolition projects to remove the majority of above ground structures. At that time, all site structures were surveyed for asbestos containing material (ACM) and other hazardous materials. Although the ACM and other hazardous materials had been abated during these previous projects, the potential exists for additional material to be discovered during this project. If suspect ACM or other hazardous materials are discovered during this Work, the City must be notified prior to proceeding. ACM and other hazardous materials must be tested and properly disposed of. 4. DISCOVERY OF UNKNOWN CONTAMINANTS/CONTRACT INTERRUPTION Due to the Unilateral Administrative Order for Cleanup of the former Chamberlain Manufacturing site and ongoing cleanup, the potential for discovery of underground storage tanks, buried drums and/or not previously identified contaminants is possible. If this occurs, the contractor shall notify the City who will inform EPA for proper disposition. To the extent possible, the contractor will be directed to work at other locations on the project site to complete removal of as much non-hazardous material from the site as possible. In the unlikely event of a complete shut down and stoppage of the project due to discovery of unknown contaminants, the contractor will be paid to date on bid items completed and unit prices based on tonnage to date. No work stoppage, contract interruption, or idle equipment charges will be paid. 5. BUILDING STRUCTURE INFORMATION The local Assessor's Office files contain general information on size, materials of construction, etc. for the buildings on the former Chamberlain Manufacturing property. A copy of this information is included in Attachment A of this Project Manual. SUPPLEMENTAL INSTRUCTIONS TO BIDDERS Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Accidental Discovery of Archaeological Sites & Human Remains Chamberlain Site Demolition Project STATEMENT In the event that an archeological site, subsurface features, artifacts, human burials, or human remains are encountered during the implementation of this Project, the State Historical Preservation Office (SHPO) will be immediately informed of the discovery and excavation activities will cease until an assessment has been made by a qualified archaeologist. In the event that human remains are discovered, excavation activities will cease. Skeletal remains and associated burial grounds will not be removed from the site or otherwise disturbed, and local authorities and the Director of Burials at the Office of the State Archaeologist will be contacted immediately. ACTION PLAN The Contractor will cease all excavation activities and inform the City of Waterloo, Community Development Department immediately upon accidental discovery of an archeological site, subsurface features, artifacts, human burials, or human remains. The City will contact the following parties within 24 hours of an accidental discovery: SHPO, Daniel Higginbottom, Archaeologist 600 East Locust, Des Moines, IA 50319 (515) 281-6412 Indian Tribe Requesting Consultation: Sac & Fox Nation of Missouri, Deanne Bahr 305 North Main Street Reserve, KS 66434 (785) 742-7471 Sac and Fox of the Mississippi in Iowa, Johnathan L. Buffalo 349 Meskwaki Road Tama, Iowa 52339-9634 (641)484-4678 For the discovery of human remains, the following parties will also be immediately notified: Director of Burials Office of the State Archaeologist 700 Clinton St., Iowa City, IA 52240 (319) 384-0732 Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Waterloo Police Department 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4339 Work will not commence until a qualified archaeologist makes an assessment. If necessary, work will not commence until approval from local authorities after the discovery of human remains. After consultation with the appropriate parties and approval by the agency official, the City will send written notification to the contractor once work is able to proceed. For any questions or concerns regarding this Action Plan, call Nancy Gulick, Community Development, City of Waterloo at (319) 291-4429. Contractor Date Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR _ FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Landscaping ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other(Please specify) ❑ Heating-Ventilating-Air Cond. Page 1 of 1 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? STATEMENT OF BIDDER'S QUALIFICATIONS Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at , this day of , 201_ (Name of Bidder) By: Title: State of ) ) ss: County of ) , being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 201_ Notary Public My commission expires , STATEMENT OF BIDDER'S QUALIFICATIONS Page 2 of 2 FORM OF BID OR PROPOSAL FY 2012 Chamberlain Demolition Phase 3 550 Esther Street CONTRACT NO. 806 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this FY 2012 Chamberlain demolition 3, Contract No. 806, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: 2. BID PROPOSAL: Bidder will complete the Work in accordance with the Contract Documents for the following prices: Item Estimated No. Description of Work Unit Quantity Unit Price Total Mobilization and General Project 1 Administration LS 1 $ $ Site Specific Safety Plan 2 Implementation LS 1 $ $ 3 Clearing and Grubbing LS 1 $ $ Remove and Dispose of Above 4 Ground Tanks LS 1 $ $ Demolition of Remaining 5 Structures LS 1 $ $ Demolition and Removal of 6 Railroad Spur(rail and ties) LS 1 $ $ FORM OF BID Page 1 of 3 Item Estimated No. Description of Work Unit Quantity Unit Price Total Removal of Portland Cement 7 Concrete Slabs and Foundations Tons 35,000 $ $ Removal of Asphaltic Concrete 8 Slabs SY 19,788 $ $ 9 Imported Backfill TON 1,000 $ $ Storm Water Permit and 10 Compliance LS 1 $ $ 11 Silt Fence LF 1,000 $ $ 12 Silt Fence Removal LF 1,000 $ $ 13 Topsoil/Finish Grading CY 1,000 $ $ 14 Seeding/Fertilizing I Mulching AC 22.8 $ $ BASE BID PRICE (SUMMATION OF BID ITEMS) $ 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidder Suspension and Debarment Requirements. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of FORM OF BID Page 2 of 3 $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 10. The bidder has received the following Addendum or Addenda: Addendum No. Date 11. The bidder has filled in all blanks on this proposal. Those blanks not Applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID Page 3 of 3 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 201 BID BOND Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact BID BOND Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of )ss County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201_. Title My commission expires - NON-COLLUTION AFFIDAVIT OF PRIME BIDDER Page 1 of 1 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa BIDDER SUSPENSION AND DEBARMENT REQUIREMENTS In response to federal law concerning suspension and debarment and in accordance with OMB Guidance in 2 CFR Part 180 and Executive Orders 12549 and 12689, all federally funded projects, which include road construction, shall be performed by a qualified bidder. The qualified bidder has been further defined as follows: To be a qualified bidder, the person, corporation, partnership, or firm shall not have been suspended and disbarred from procurement for the Federal Government. The contractor shall provide the City with a certification that he is a qualified bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Bidder Suspension and Debarment Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. BIDDER SUSPENSION AND DEBARMENT REQUIREMENTS Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa BIDDER SUSPENSION AND DEBARMENT CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified bidder, the person, corporation, partnership, or firm shall not have been suspended and disbarred from procurement from the Federal Government. I hereby certify that (himself)(themselves)(itself) has not been suspended and disbarred from procurement from the Federal Government. COMPANY NAME DUNS NUMBER (Data Universal Numbering System Number assigned by Dun & Bradstreet) CORPORATE OFFICER TITLE DATE BIDDER SUSPENSION AND DEBARMENT REQUIREMENTS Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor EQUAL OPPORTUNITY CLAUSE Page 1 of 2 • • • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE Page 2 of 2 Equal Employment U.S.Department of Housing Department of Veterans Affairs and Urban Development Opportunity Certification Office of Housing OMB Control No.2502-0029 Federal Housing Commissioner (exp.7t31/2009) Excerpt From 41 CFR§60-1.4(b) The applicant hereby agrees that it will incorporate or cause to be (6) In the event of the contractor's noncompliance with the incorporated into any contract for construction work,or modifi- nondiscrimination clauses of this contract or with any of the cation thereof, as defined in the regulations of the Secretary of said rules, regulations, or orders,this contract may be can- Labor at 41 CFR Chapter 60,which is paid for in whole or in part celed, terminated, or suspended in whole or in part and the with funds obtained from the Federal Government or borrowed contractor may be declared ineligible for further Govern- on the credit of the Federal Government pursuant to a grant, ment contracts or federally assisted construction contracts in contract,loan insurance,or guarantee,or undertaken pursuant to accordance with procedures authorized in Executive Order any Federal program involving such grant,contract,loan,insur- 11246 of September 24, 1965,and such other sanctions may ance, or guarantee,the following equal opportunity clause: be imposed and remedies invoked as provided in Executive During the performance of this contract,the contractor agrees as Order 11246 of September 24,1965,or by rule,regulation,or follows: orderofthe Secretary of Labor,or as otherwiseprovidedby law, (1) The contractor will not discriminate against any employee or (7) The contractor will include the portion of the sentence imme- applicant for employment because of race, color,religion, diately preceding paragraph(1)and the provisions of pare- applicant or national origin.The contractor will take affirmative graphsnls e7 exempted) by rules,n every lati on,ort purchase oSec- action to ensure that applicants are employed,and that em- reunlessofLaboi budpu pursuant sectionec o orders204 off Executive Live ployees are treated during employment without regard to Order tder 11246 oofr issued r 24, to 1965, o that t suchu provision i their race,color,religion,sex,or national origin,such action wide rebinding Septemberuon subcontractor s rto n o r. The shall include,but not be limited to the following: Employ- win ac ke su actionheach withespe to vendor. The ment,upgrading, demotion, or transfer; recruitment or re- contractor will take suchas e administering respect any agency may advertising;layoff or termination;rates of pay or tract or purchase order r the y direct as a means of enforcing such provisions, including 1 other forms of compensation; and selection for training, sanctions for noncompliance: Provided, however, That in including apprenticeship. The contractor agrees to post in the event a contractor becomes involved in,or is threatened conspicuous places, available to employees and applicants with,litigation with a subcontractor or vendor as a result of for employment, notices to be provided setting forth the such direction by the administering agency the contractor provisions of this nondiscrimination clause. may request the United States to enter into such litigation to (2) The contractor will,in all solicitations or advertisements for protect the interests of the United States. employees placed by or on behalf of the contractor,state that The applicant further agrees that it will be bound by the above equal all qualified applicants will receive considerations for em- opportunity clause with respect to its own employment practices ployment without regard to race, color, religion, sex, or when it participates in federally assisted construction work: national origin. (3) The contractor will send to each labor union or representative Provided,That if the applicant so participating is a State or local of workers with which it has a collective bargaining agree- t government,anyagency,the above equal ooportunviioity n of is not ver ment ment or other contract or understanding, a notice to be to any instrumentality or work on or under the government provided advising the said labor union or workers'represen- which does not participate in on or the contract. v of the contractor's commitments under this section, The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining and shall post copies of the notice in conspicuous places the compliance of contractors and subcontractors with the equal available to employees and applicants for employment. opportunity clause and the rules,regulations,and relevant orders (4) The contractor will comply with all provisions of Executive of the Secretary of Labor, that it will furnish the administering Order 11246 of September 24, 1965,and of the rules,regu- agency and the Secretary of Labor such information as they may lations and relevant orders of the Secretary of Labor. require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the (5) The contractor will furnish all information and reports re- agency's primary responsibility for securing compliance. quired by Executive Order 11246 of September 24,1965,and The applicant further agrees that it will refrain from entering into by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to its books,records, any contract or contract modification subject to Executive Order 11246 of September 24,1965,with a contractor debarred from,or and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain oomph- who has not demonstrated eligibility for,Government contracts and Federally-assisted construction contracts pursuant to the ance with such rules,regulations,and orders. Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed Firm Name and Address By Title form HUD-92010(3/2006) VA form 26-421 upon contractors and subcontractors by the administering agency (5) The contractor will furnish all information and reports or the Secretary of Labor pursuant to Part II, Subpart D of the required by Executive Order 10925 of March 6, 1961, as Executive order.In addition,the applicant agrees that if it fails or amended, and by the regulations, and orders of the said refuses to comply with these undertakings, the administering Committee,or pursuant thereto,and will permit access to his agency may take any or all of the following actions: Cancel, books,records,and accounts by HUD and the Committee for terminate,or suspend in whole or in part this grant(contract,loan, purposes of investigation to ascertain compliance with such insurance,guarantee);refrain from extending any further assis- regulations,and orders. tance to the applicant under the program with respect to which the (6) In the event of the contractor's non-compliance with failure or refund occurred until satisfactory assurance of future the nondiscrimination clause of this contract or with any of compliance has been received from such applicant;and refer the case the said regulations, or orders, this contract may be can- to the Department of Justice for appropriate legal proceedings. celled,terminated or suspended in whole or in part and the Excerpt from HUD Regulations contractor may be declared ineligible for further Govern- ment contracts or Federally-assisted construction contracts 200.410Definition of term"applicant", in accordance with procedures authorized in Executive Order (a) In multifamily housing transactions where controls over the 10925 of March 6,1961,as amende,and such other sanctions • mortgagor are exercised by the Commissioner either through may be imposed and remedies invoke s provided in the said the ownership of corporate stock or under the provisions of Executive Order or by regulations,or order of the President's a regulatory agreement,the term"applicant"as used in this Committee on Equal Employment Opportunity,or as other- subpart shall mean the mortgagor. wise provided by law. (7) The contractor will include the provisions of Para- . (b) In transactions other than those specified in paragraph(a)of graphs(1)through(7)in every subcontract or purchase order this section,the term"applicant"as used in this subpart shall unless exempted by regulations,or orders of the President's mean the builder, dealer or contractor performing the con- Committee on Equal Employment Opportunity issued pursu- struction,repair or rehabilitation work for the mortgagor or ant to Section 303 of Executive Order 10925 of March 6, other borrower. 1961, as amended, so that such provisions will be binding 200.420Equal Opportunity Clause to be included in contracts and upon each subcontractor or vender. The contractor will take subcontracts. such action with respect to any subcontract or purchase orders as HUD may direct as a means of enforcing such (a) The following equal opportunity clause shall be included in provisions,including sanctions for noncompliance:Provided, each contract and subcontract which is not exempt: however,that in the event the contractor becomes involved • During the performance of this contract,the contractor agrees in, or is threatened with, litigation with a subcontractor or as follows: vender as a result of such direction by HUD,the contractor (1) The contractor will not discriminate against any em- may request the United States to enter into such litigation to • ployee or applicant for employment because of race,creed, protect the interests of the United States. color,or national origin.The contractor will take affirmative (b) Except in subcontracts for the performance of construction action to ensured that applicants are employed, and that work at the site of construction,the clause is not required to employees are treated during employment without regard to be inserted in subcontracts below the second tier. Subcontracts their race,creed,color,or national origin.Such action shall may incorporate by referenced to the equal opportunity clause. include,but not be limited to the following: employment, upgrading,demotion or transfer;recruitment or recruitment 200.425Modification in and exemptions from the regulations in advertising;layoff or termination;rates of pay or other forms this subpart. of compensation; and selection for training, including ap- (a) The following transactions and contracts are exempt from the prenticeship. The contractor agrees to post in conspicuous regulations in this subpart: places, available to employees and applicants for employ- ment,notices to be provided setting forth the provisions of (1) Loans,mortgages, contracts and subcontracts not ex- the nondiscrimination clause. ceeding$10,000. (2)The contractor will in all solicitations or advertisements for (2) Contract and subcontracts not exceeding$100,000 for employees placed by or on behalf of the contractor,state that all standard commercial supplies or raw material; qualified applicants will receive consideration for employment (3)Contracts and subcontracts under which work is to be or has without regard race,creed,color,or national origin. been performed outside the United States and where no recruit- (3) The contractor will send to each labor union or repre- ment of workers within the United States in involved.To the sentative of workers with which he has a collective bargain- extent that work pursuant to such contracts is done within the ing agreement or other contract or understanding,a notice,to Untied States,the equal opportunity clause shall be applicable; be provided,advising the said labor union or workers'repre- (4) Contracts for the sale of Government property where sentative of the contractor's commitments under this section, no appreciable amount of work is involved;and and shall post copies of the notices in conspicuous places (5) Contracts and subcontracts for an indefinite quantity available to employees and applicants for employment. which are not to extend for ore than one year if the purchaser (4) The contractor will comply with all provisions of Ex- determines that the amounts to be ordered under any such ecutive Order 10925 of March 6 1961,as amended,and of the contract or subcontract are not reasonably expected to exceed regulations,and relevant orders of the President's Commit- $100,000 in the case of contracts or subcontracts for standard tee on Equal Employment Opportunity created thereby. commercial supplies and raw materials, or $10,000 in the case of all other contracts and subcontracts. form HUD-92010(3106) VA form 26-421 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 1 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Name of Equal Employment Officer C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 2 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. I. AFFIRMATIVE ACTION A. recognizes that the effective application (Name of Company) of a policy of merit employment involves more than just a policy statement, and will, therefore, re-evaluate our Affirmative Action (Name of Company) Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the following six (6) (Name of Company) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take whatever steps (Name of Company) are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 3 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. will seek qualified minority, female, and (Name of Company) local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other companies with (Name of Company) whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following Affirmative (Name of Company) Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved Affirmative (Name of Company) CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 4 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of specific actions (Name of Company) relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Affirmative Action Employment (Name of Company) Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201_, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: Goals for Women: *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201_. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4). CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 5 of 9 • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 6 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 7 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 8 of 9 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. CONTRACTOR' OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Page 9 of 9 • HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the FY 2012 Chamberlain Demolition Phase 3, Contract No. 806, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing, to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. Description of Work Unit Estimated Quantity Remove and Dispose of Above Ground Tanks LS 1 Demolition and Removal of Remaining Structures LS 1 Demolition and Removal of Railroad Spur(rail and ties) LS 1 Removal of Portland Cement Concrete Slabs and Foundations Tons 35,000 Removal of Asphaltic Concrete Slabs SY 19,788 Imported Backfill TON 1,000 Silt Fence LF 1,000 Silt Fence Removal LF 1,000 Topsoil/ Finish Grading CY 1,000 Seeding / Fertilizing /Mulching AC 22.8 MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10(3/0) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 POTENTIAL MBE/WBE PARTICIPATION Page 1 of 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) MBE/WBE LETTER OF INTENT TO BID Page 1 of 1 • Howard R. Green Company Phase 2 Demolition, Former Chamberlain Mfg. Property Project No. 722930J41 Contract No. 762, Waterloo, Iowa SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of(description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature SUBCONTRACTOR'S BID REQUEST FORM Page 1 of 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No. : Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. 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CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA erioo \o CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones, Community Development Director Email: rudv.iones(a�waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 1BE/WBE Certir-ed Contractors List ?age of 4 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319)235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE,Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 2 of 4 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 Waterloo, IA 50704 Phone: (319) 233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE Specializing in: CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 3 of 4 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319)233-6131 FAX: (319)233-6133 email: JR11486@cfu.net Certified: City of Waterloo WBE Contact : Carol Reese Specializing in: FLOOR COVERING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 4 of 4 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa MBE/WBE REQUIREMENTS FOR FY 2012 CHAMBERLAIN DEMOLITION PHASE 3 This program is funded in part by federal HUD EDI GRANT funds. According to the City of Waterloo's Contract Compliance Program: "Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program." Accordingly, the City of Waterloo's MBE/WBE goals of 10% and 2%, respectively, apply to this Program and Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, 24 CFR Part 135 does apply. Section 3 states in pertinent part that: To the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. In addition to Section 3 requirements, the City of Waterloo's Contract Compliance Program states that "this program does not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City Contracts. MBE/WBE REQIREMENTS Page 1 of 1 Section 3 of the Housing and Urban Development Act of 1968 requires that,recipients of CDBG funds provide,to the greatest extent feasible,job training,employment and contracting opportunities for low-or very low-income residents in connection with projects and activities in their neighborhoods. The intent of Section 3 is to foster local economic development,neighborhood economic improvement,and individual self-sufficiency. Section 3 requirements apply to new hires only. It does not require the creation of economic opportunities for low-income persons simply for the sake of creating jobs,but requires that when jobs are generated because a project necessitates the employment of additional workers,preference be given to Section 3 qualified individuals or businesses. If you or your contractors have no need for additional workers,then the Section 3 requirements do not apply, although you will have to report any existing workers that fall under Section 3 guidelines. Section 3 residents are public housing residents or persons who live in the area where a CDBG project is located and who have a household income that falls below HUD's income limits. A Section 3 business is a business that is 51%or more owned by Section 3 residents;employs Section 3 residents for at least 30%of its full-time,permanent staff;or provides evidence of a commitment to subcontract to Section 3 business concerns,25% or more of the dollar amount of an awarded contract. You must take affirmative actions to achieve the Section 3 goals. Actions include the following: • Including Section 3 intent in all bid advertisements; • Requiring contractors to advertise employment opportunities locally; • Notifying residents and businesses of economic opportunities available; • Keeping contractors informed of their Section 3 responsibilities; • Include the Section 3 clause in every solicitation and contract; and • Report Section 3 results. WIMBE: The Subrecipient will use its best efforts to afford minority and women-owned business enterprises (at least fifty-one(51)percent owned and controlled by minority group members or women)the maximum practicable opportunity to participate in the performance of the Agreement. • Section 3 Clause A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low-and Very Low-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award-. 4.Contact Person 5.Phone: (Indude area code) 6 Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training(**Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other(List) Total Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Pr rams 2=Section 202/811 8=Operation °g 7=HOME Ettte Administered W=Other Housing Programs C=Modernization 7=CDBG Entitlement Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projectlactivity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.1701u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 or 2 form HUD 60002(112010) Ref 24 CFR 135 Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code'in number 8. Section 3 regulations apply to any public and Indian housing programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e. modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide assistance in excess of$200,000 expended for. (1)housing data in columns B through F for each trade where persons were rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other"includes occupations such as hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance. worked by new hires(columns B,D,E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column A in comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance. directed toward low-and very low-income persons.' A recipient of Column D: Enter the percentage of all the staff hours of new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time same time the program performance report is submitted. Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3 submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part II: Contract Opportunities required to report to HUD. The report must include Block 1: Construction Contracts accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors. project/program. HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this 1. Recipient Enter the name and address of the recipient project/program that were awarded to Section 3 businesses. submitting this report Item C: Enter the percentage of the total dollar amount of contracts 2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses. award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract. Block 2: Non-Construction Contracts 3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient project/program. 4 8 5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses. implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts 6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses. this report covers. Item D: Enter the number of Section 3 businesses receiving awards. 7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Submit one(1)copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specified in item 8. PHAs/IHAs are to report all or unusually high-or low-income families. Very low-income persons mean contracts/subcontracts. low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area,as determined by the ' The terms low-income persons'and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such (including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes. the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that Page i form HUD 60002(112010) Ref 24 CFR 135 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NOTICE OF AWARD TO: «Contractor» «CAddress1» «CAddress2» The extent of Work on this project is the furnishing of all labor, equipment, and materials for the construction of FY 2012 Chamberlain Demolition Phase 3 Contract No. 806, for the City of Waterloo, Iowa, generally described as follows: This project includes demolitions, removals, and restoration at the former Chamberlain Manufacturing Plant site located in Waterloo, Iowa. This is a continuation of previous demolition and removal projects at the site. Work of this project consists of demolition of the remainder of site structures, removal of footings and slabs (both Portland cement concrete and asphaltic concrete), and removal of tanks. All debris from this project is to be hauled off-site for disposal or recycling. Restoration includes backfilling and grading with a combination of imported and on-site soils, spreading of topsoil, seeding and mulching. The Owner has considered the Bid submitted by you for the above-described Work. You are hereby notified that your Bid has been tentatively accepted for items in the amount of dollars) $ ). You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days after the date of receipt of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. NOTICE OF AWARD Page 1 of 2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa You are required to return an acknowledged copy of this NOTICE OF AWARD to the Owner. Dated this day of , 2012. City of Waterloo, Iowa By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: «Contractor» this the day of , 2012. By «CAuthorizedSignature», «CAuthorizedTitle» END OF SECTION NOTICE OF AWARD Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2012 CHAMBERLAIN DEMOLITION PHASE 3 550 ESTHER STREET CITY OF WATERLOO, IOWA CONTRACT NO. 806 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and , of , Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2012 CHAMBERLAIN DEMOLITION PHASE 3 , and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT Page 1 of 4 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No, 10110021 City of Waterloo, Iowa PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before September 30, 2012, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. FORM OF CONTRACT Page 2 of 4 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineering Consultants estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. FORM OF CONTRACT Page 3 of 4 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Not Applicable PAR. 20 Not Applicable PAR. 21 Not Applicable CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 _ ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys'fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: PERFORMANCE BOND Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND Page 2 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof for the construction of: PAYMENT BOND Page 1 of 3 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal PAYMENT BOND Page 2 of 3 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 3 of 3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NOTICE TO PROCEED TO: DATE: FY 2012 Chamberlain Demolition Phase 3 550 Esther Street Contract No. 806 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 You are hereby notified to commence WORK in accordance with the Agreement dated , 2012, on or after , 2012. The date of completion of all WORK is 2012. City of Waterloo, Iowa By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: , this the day of , 2010. By END OF SECTION NOTICE TO PROCEED Page 1 of 1 • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in • (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa Subscribed and sworn to before me this day of , 201_ Title My commission expires NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR Page 2 of 2 • HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B -Scope of work SECTION C -Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 1 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the Contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 2 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 3 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 4 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 5 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 6 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 7 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 8 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half(1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 9 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 10 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 11 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 12 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products—Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 13 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 14 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 15 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 16 of 16 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS. The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO. The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE. No material, supplies, or equipment to be installed or fur- nished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 1 of 2 HR Green, Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION Page 2 of 2 Division 01 GENERAL REQUIREMENTS HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 01100 SUMMARY PART 1 GENERAL 1.01 PROJECT DESCRIPTION A. Project Name:FY 2012 Chamberlain Demolition Phase 3 550 Esther Street Waterloo, Iowa 50703 B. Owner: City of Waterloo, Iowa Address: 715 Mulberry, Waterloo, IA 50703 C. Engineer: HR. Green Inc. Address: 8710 Earhart Lane SW, Cedar Rapids, IA 52404 Phone: (319) 841-4000 Fax: (319) 841-4012 D. This project includes demolitions, removals, and restoration at the former Chamberlain Manufacturing Plant site located in Waterloo, Iowa. This is a continuation of previous demolition and removal projects at the site. Work of this project consists of demolition of the remainder of site structures, removal of footings and slabs (both Portland cement concrete and asphaltic concrete), and removal of tanks. All debris from this project is to be hauled off-site for disposal or recycling. Restoration includes backfilling and grading with a combination of imported and on-site soils, spreading of topsoil, seeding and mulching. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225— Measurement and Payment. 1.03 CONTRACTS A. Perform Work under a single unit price contract with Owner. Contractor may subcontract a portion or portions of Work as provided in these specifications to fulfill the terms of the Contract. Under no circumstances does the subcontracted Work relieve the Contractor from fulfilling the terms of the Contract. B. Prior to award of the contract, the lowest responsive responsible bidder shall file a list of the names and subcontract amounts of all subcontractors who are expected to work on the project. The Contractor shall not sub-contract more than 50% of the value of the work. No sub-contract shall be made unless approved by the Owner. 1.04 COMMENCEMENT OF THE WORK A. The Contractor shall not commence Work nor allow Subcontractors to commence Work until: 1. The Agreement has been fully executed. 2. The Owner has approved the Contractor's Performance and Maintenance and Payment Bonds. SUMMARY 01100- 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3. The Owner has approved evidence of the Contractor's Liability Insurance and other insurance required to be purchased by the Contractor. 4. The Owner has issued a Notice to Proceed. 1.05 COMPLETION TIME A. Work under the proposed Contract Documents shall commence immediately after receipt of the Notice to Proceed and shall be completed and ready for use or operation, subject to any extension of time which may be granted by the Owner, as defined in the Contract. 1.06 OWNER OCCUPANCY A. The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work or such portions as may not have expired; but such taking, possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. B. Schedule the Work to accommodate Owner occupancy and operations. 1.07 CONTRACTOR USE OF SITE AND PREMISES A. General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited only by Owner's right to perform work or to retain other contractors on portions of Project. B. Use of Site: Limit use of premises to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine constructions operations to within parcel as detailed on plans. 2. Driveways and Entrances: Keep driveways, access easements, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. 1.08 WORKING HOURS A. Contractor shall limit work hours on the Project from 7:00 a.m. to 7:00 p.m., Monday through Saturday unless otherwise directed by the Engineer. B. The Contractor must request the Owner, in writing, 24 hours in advance of any deviation to these hours, such as overtime or Sunday work. The Contractor is responsible for all additional expenses due to additional work hours. This includes, but is not limited to: Engineer's expenses, Owner's Representative, Testing Laboratory personnel, etc. Such additional engineering charges shall be a subsidiary obligation of Contractor and no extra payment shall be made by Owner on account of such overtime work. C. Contractor shall secure the site when not working or working after standard working hours. SUMMARY 01100-2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 1.09 WORK RESTRICTIONS A. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by adjacent owners, tenants, or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner's written permission. B. Haul Routes: 1. Notify Owner of all haul routes to disposal sites. 1.10 WORK SEQUENCE A. Coordinate construction schedule and operations with Owner. 1.11 PERMITS, FEES AND NOTICES A. Contractor shall secure and pay for all permits and governmental fees, licenses and inspections for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which were legally required at the time bids were received. 1. All necessary Federal, State, and Local permits required for any dewatering. 2. Procurement and compliance with NPDES General Permit No. 2 for "Storm Water Discharge Associated With Industrial Activity For Construction Activities". 3. Demolition Permit from the City of Waterloo. 1.12 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES A. Contractor shall comply with all applicable Federal, State and local laws throughout the duration of this Contract. The fact that the applicable laws are not specifically noted in the Specifications does not relieve the Contractor of his responsibility to comply with said laws. 1.13 GROUNDWATER MONITORING AND WATER PRODUCTION WELLS A. The locations of ground water monitoring wells and water production wells are indicated on the Drawings. Contractor shall take all precautions required to prevent damage to these wells. If conflicts arise, resolve these conflicts with the Engineer. B. Costs associated with damages to any well as a result of Contractor negligence shall be deducted from the Contractor's final pay request. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION SUMMARY 01100 -3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 01225 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Application for Payment. 2. Retainage. 3. Partial Payments. 4. Final Payment. 5. Change Orders. 6. Measurement and Payment— Unit Prices. 1.02 SCOPE A. Payments to the Contractor shall be made on the basis of the Bid Schedule items as full and complete payment for furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the Work included in the Contract Documents. Such compensation shall also include payment for any loss or damages arising directly or indirectly from Work, or from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner. B. The amounts stated in the Bid Schedule shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation and hauling, bonds, permit fees, insurance, overhead and profit together with any and all other costs associated with the performance of the work required under this Contract. The Basis of Payment for an item at the price shown in the Bid Schedule shall be in accordance with its description as related to the work specified and shown on the Drawings. Unit prices where used will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. C. The quotations on the Bid Schedule shall establish a total price for completing the Work in its entirety. Unless specifically noted as a bid item in the Bid Schedule, all other work which must be performed to complete the project shall be considered as "Incidental Work". Should the Contractor feel that the cost for any item of work has not been established by the Bid Schedule or Basis of Payment, he shall include the cost for that work in some other applicable bid item, so that his Proposal for the project does reflect his total price for completing the Work in its entirety. D. Defect Assessment: The Work, or portions of the Work, not conforming to specified requirements, shall be replaced. If, in the opinion of the Engineer, it is not practical MEASUREMENT AND PAYMENT 01225 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa to remove and replace the Work, the Engineer will direct an appropriate remedy or adjust payment. 1.03 APPLICATION FOR PAYMENT A. In accordance with the "Section E" in the General Specifications For Construction and "Method of Payment To Contractor" described in the Notice of Public Hearing. 1.04 RETAINAGE A. In accordance with the "Section E" in the General Specifications For Construction and "Method of Payment To Contractor" described in the Notice of Public Hearing. 1.05 PARTIAL PAYMENT A. In accordance with the "Section E" in the General Specifications For Construction and "Method of Payment To Contractor" described in the Notice of Public Hearing. 1.06 FINAL PAYMENT A. In accordance with the "Section E" in the General Specifications For Construction and "Method of Payment To Contractor" described in the Notice of Public Hearing. 1.07 CHANGE ORDERS A. If Owner desires a change in the Work, Engineer will notify Contractor and provide a written description, in the form of drawings or otherwise, of the change. B. Contractor shall promptly submit to Engineer in writing a firm proposal for changes in the Contract Sum and Contract Time, if any, resulting from the proposed change. C. Owner shall have 30 days or such time as may be agreed upon, in which to accept or reject Contractor's proposal after its submission, and Contractor shall not modify or withdraw the proposal during this period without Owner's consent. D. Contractor may also propose changes by submitting a request for change to the Engineer and Owner, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by Contractor. 1.08 MEASUREMENT AND PAYMENT (UNIT PRICES) A. The quantities set forth in the Bid Schedule are estimates and have been provided to establish a uniform basis for the comparison of bids. Owner reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accordance with the terms of the Contract. MEASUREMENT AND PAYMENT 01225 -2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. C. Quantities and measurements supplied or placed in the Work shall determine payment. Actual quantities, as determined by the Engineer, will determine payment. D. Unit prices shall be full compensation for items associated with the performance of the work required under this Contract. Each payment item includes everything necessary for a complete installation under that item, except materials or items for which direct payment is otherwise provided. E. Payment Items: 1. Mobilization and General Project Administration: a. Mobilization and general project administration activities, including but not limited to bonds, insurance, administration, scheduling, temporary facilities, movement of personnel, equipment, supplies and incidentals, and all other activities necessary to prepare and complete the Contract Work. Also includes all administration, management, and coordination items required for the project except those items for which direct payment is otherwise provided. b. Progress payments for mobilization and general project administration shall be made as follows • When 5% of the original bid amount is earned, either 25% of the contract price for mobilization or 2.5% of the bid amount, whichever is less, may be paid. • When 10% of the original bid amount is earned, either 50% of the contract price for mobilization or 5% of the bid amount, whichever is less, may be paid. • The remaining amount for this item will be paid out proportionately over the duration of the Contract. 2. Site Specific Safety Plan Implementation: a. Includes development and implementation of a site safety plan specific for this Work over the duration of the project in accordance with the Contract Documents. b. The lump sum price for this item will be paid out proportionately over the duration of the Contract. 3. Clearing and Grubbing: a. Includes removal and proper disposal of all woody and other herbaceous vegetation within the project limits. Rubbish removal is incidental to the "Demolition of Remaining Structures" item. b. Payment will be at the lump sum price for this item. MEASUREMENT AND PAYMENT 01225 -3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 4. Remove and Dispose of Above Ground Tanks: a. Includes removal, hauling, and disposal of designated tanks. Removal of concrete tank pads and foundations shall be included in the "Removal of Portland Cement Concrete Slabs and Foundations" item. b. Payment will be at the lump sum price for this item. 5. Demolition of Remaining Structures: a. Includes demolition of identified structures including a shed, well-house, and remnants of an electrical substation. Includes removal, hauling and off- site disposal of structures and contents. This item also includes removal and disposal of all trash, poles, railings, and surface debris within the project limits that is not accounted for in other bid items. Backfilling of pits and depressions, and general grading of the demolition and removal areas is incidental to this item. b. Payment will be at the lump sum price for this item 6. Demolition and Removal of Railroad Spur: a. Includes demolition of a railroad spur within project limits. Includes removal, hauling, and disposal (or recycling) of steel rails and wood ties. Backfilling and general grading of the rail spur demolition and removal area is incidental to this item. b. Payment will be at the lump sum price for this item 7. Removal of Portland Cement Concrete Slabs and Foundations: a. Includes removal of all Portland concrete slabs and foundations within the project limits to a depth of 42 inches. Removal and disposal of non- hazardous debris (piping, trash, etc.) in the conduct of extracting slabs and foundations is incidental to this item. Backfilling and general grading of the slab and foundation removal area is incidental to this item. b. Payment will be at the Contract unit price per ton of Portland concrete material removed from the site. Measurement of quantities will be documented by a certified scale in accordance with the specifications. 8. Removal of Asphaltic Concrete Slabs: a. Includes removal of asphaltic slabs (driveways and parking lots). Backfilling and general grading of the slab removal area is incidental to this item. b. Payment will be at the Contract unit price per square yard of slab removed. Measurement of quantities will be documented by the Engineer. 9. Imported Backfill: a. Includes furnishing clean general backfill in accordance with the Contract Documents for use in supplementing on-site soils in backfilling excavations resulting from demolitions and removals. This item is for furnishing material only. Placement and grading of the material is incidental to demolition and removal items. MEASUREMENT AND PAYMENT 01225 -4 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa b. Payment will be at the Contract unit price per ton of backfill soil delivered to the site. Measurement of quantities will be documented by a certified scale in accordance with the specifications. 10. Storm Water Permit and Compliance: a. Development, compliance, and implementation of the Storm Water Pollution Prevention Plan (SWPPP). This item includes but is not limited to, obtaining and paying for NPDES permit, administering SWPPP, monitoring, inspection and documentation. Also includes implementing all temporary erosion control measures deemed necessary to comply with the SWPPP. Installation of silt fencing is included as a separate bid item. b. Payment for this item will be at the Contract lump sum to be paid out proportionately over the duration of the Contract. 11. Silt Fence: a. Includes furnishing and installing silt fence for erosion and sedimentation control. b. Payment for silt fence will be the Contract unit price per linear foot installed. 12. Silt Fence Removal: a. Includes removal and disposal of silt fence from areas that have been permanently stabilized. b. Payment for silt fence removal will be the Contract unit price per linear foot removed. 13. Topsoil /Grading a. Includes furnishing, spreading and final grading of topsoil as specified in the Contract Documents. b. Payment for this item will be at the Contract unit price per cubic yard of topsoil placed. Measurement will be based on the actual area covered times the specified thickness (4-inches) of topsoil. 14. Seeding/Fertilizer/Mulching (Rural Mix): a. Includes seeding, fertilizing, and mulching to grow final turf in accordance with the Contract Documents. Also includes specified maintenance and growth guarantee. b. Payment for this item will be at the Contract unit price per acre. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MEASUREM ENT AND PAYMENT 01225 5 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Construction Survey. B. Meetings. C. Submittals 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 — Measurement and Payment. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 CONSTRUCTION SURVEY A. Owner will mark property lines and provide benchmark and baseline for the project. If they are destroyed or disturbed by the Contractor, replacement costs shall be charged to the Contractor. Costs for additional construction survey services shall be the responsibility of the Contractor. B. Contractor to locate and protect survey control and reference points. C. Control datum for survey is that established by Owner provided survey. D. Contractor shall provide field engineering services as required. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 3.02 PRECONSTRUCTION MEETING A. Engineer will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Engineer. 3. Contractor. 4. Contractor's Superintendent. 5. Major Subcontractors. 6. Utility Companies. C. Agenda: 1. Submission of list of subcontractors, and progress schedule. 2. Designation of personnel representing the parties in Contract and the Engineer. ADMINISTRATIVE REQUIREMENTS 01300- 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 4. Use of premises by Owner and Contractor. 5. Owner's requirements. 6. Facilities and controls provided by Owner. 7. Temporary utilities provided by Owner. 8. Erosion and sediment control - Storm Water Pollution Prevention Plan. 9. Security and housekeeping procedures. 10. Scheduling. 11. Procedures for testing. 12. Procedures for maintaining record documents. D. Engineer shall record minutes and distribute copies within seven days after meeting to participants, with copies to Engineer, Owner, participants, and those affected by decisions made. 3.03 PROGRESS MEETINGS A. Contractor to schedule and administer meetings throughout progress of the Work at maximum bi-weekly intervals. B. Contractor to make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within seven days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Address public concerns and complaints. 3. Review of Work progress. 4. Field observations, problems, and decisions. 5. Identification of problems which impede planned progress. 6. Review of submittals schedule and status of submittals. 7. Review of off-site fabrication and delivery schedules. 8. Maintenance of progress schedule. 9. Corrective measures to regain projected schedules. 10. Planned progress during succeeding work period. 11. Coordination of projected progress. 12. Maintenance of quality and work standards. 13. Effect of proposed changes on progress schedule and coordination. 14. Other business relating to Work. 15. Schedule next meeting. E. Contractor shall record minutes and distribute copies within seven days after meeting to participants, with copies to Engineer, Owner, participants, and those affected by decisions made. ADMINISTRATIVE REQUIREMENTS 01300-2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3.04 SUBMITTALS A. Required submittals are specified in individual sections. 3.05 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Documents for Information: Submit two copies. 3.06 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard submittal form. B. Schedule submittals to expedite the Project, and deliver. Coordinate submission of related items. C. When the shop drawings have been completed to the satisfaction of the Engineer, carry out the construction in accordance therewith and make no further changes therein except upon written instructions from the Engineer. 3.07 ENGINEER'S REVIEW RESPONSIBILITIES, PROCEDURES AND DEFINITIONS A. General 1. Review of shop drawings, data, and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed: a. As permitting any departure from the Contract requirements; b. As relieving the Contractor of responsibility for any errors, including details, dimensions, and materials; c. As approving departures from details furnished by the Engineer, except as otherwise provided herein; d. As approving substitutions to specified products or manufacturers. B. All submittals that have been reviewed by Engineer will have Engineer's Review Stamp affixed, initialed and dated, indicating Engineer's review action. No submittals shall be used for construction unless they bear the initialed Engineer's Review Stamp. 3.08 RE-SUBMITTALS A. Re-submittals will be handled in the same manner as first submittals. On re-submittals, direct specific attention, in writing on the transmittal letter and on re-submitted shop drawings by use of revision triangles or other similar methods, to revisions other than the corrections requested by the Engineer, on previous submissions. Any such revisions which are not clearly identified shall be made at the risk of the Contractor. Make corrections to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the Engineer. END OF SECTION ADMINISTRATIVE REQUIREMENTS 01300 - 3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 01350 ON-SITE HEALTH AND SAFETY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Health and Safety requirements. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225— Measurement and Payment. 1.03 DESCRIPTION A. Contractor is responsible for implementation and enforcement of safe Work practices including, but not limited to, personnel exposure to refuse, hazardous materials; use of trenching, sheeting, and shoring; scaffolding; materials handling; operation of equipment; and safety of public during progress of Work. 1.04 QUALITY ASSURANCE A. Regulatory Requirements: 1. Contractor shall plan for and ensure personnel comply with basic provisions of OSHA Safety and Health Standards (29 CFR 1910), and General Construction Standards (29 CFR 1926) as appropriate. 2. Comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property. 1.05 OPERATIONS AND EQUIPMENT SAFETY A. Contractor is responsible for initiating, maintaining, and supervising safety precautions and programs in connection with Work. Contractor shall take necessary precautions for safety of employees on Project site and other persons and organizations who may be affected by Project. B. Contractor's duties and responsibilities for safety in connection with Work shall continue until such time as Work is complete as applicable under the Contract. 1.06 HEALTH AND SAFETY A. Contractor is responsible for implementation and enforcement of health and safety requirements and will take necessary precautions and provide protection for following. 1. Personnel working on or visiting Project site, irrespective of employer. 2. Work and materials or equipment to be incorporated in Work area on-or off-site. 3. Other property at or adjacent to Project site. 4. Public exposed to job related operations or potential release of toxic or hazardous materials. B. Contractor shall prepare site-specific health and safety plan (HASP) following the ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa requirements of 29-CFR 1910.120, and 29-CFR 1910.146. Such plan shall include appropriate measures for confined space entry as project conditions warrant. If Contractor does not have capability to prepare HASP, Contractor shall employ consultants with appropriate capabilities. Contractor is solely responsible for adequacy of HASP's preparation, monitoring, management, and enforcement. At minimum, Contractor's HASP shall address following. 1. Site description and history. 2. Project activities, including coordination with other Contractors. 3. Hazard evaluation. 4. On-site safety responsibilities. 5. Work zones. 6. Personnel training. 7. Medical monitoring. 8. Atmospheric monitoring. 9. Personal protection, clothing, and equipment. 10. Decontamination procedures. 11. Emergency procedures. 1.07 ENGINEER'S RESPONSIBILITIES A. When Engineer is required to be present on Project site to perform engineering services, Engineer will comply with Contractor's safety plans, programs, and procedures. B. If Engineer determines Contractor's safety plans, programs, and procedures do not provide adequate protection for Engineer, Engineer may direct its employees to leave Project site or implement additional safeguards for Engineer's. If taken, these actions will be in furtherance of Engineer's responsibility to its own employees only, and Engineer will not assume responsibility for protection of any other persons affected by Work. C. If Engineer observes situations which appear to have potential for immediate and serious injury to persons, Engineer may warn persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and Engineer will not, by issuance of any such warning, assume responsibility to issue future warnings or any general responsibility for protection of persons affected by Work. 1.08 SUBMITTALS A. Submit copies of HASP to Owner and Engineer within 10 days after Notice to Proceed. Work on-site shall not proceed until HASP has been submitted. 1. Submittal of Contractor's HASP to Engineer is to inform Engineer and Owner so they can comply with HASP during performance of their on-site responsibilities as described in Contract Documents. 2. Submittal of Contractor's HASP shall neither impose on Engineer responsibility for adequacy of HASP nor relieve Contractor from full responsibility therefore. ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 -2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350-3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary construction facilities for Engineer and Contractor including telephone, water, sanitary, security, temporary fencing, parking, scale, and field office. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 — Measurement and Payment. 1.03 QUALITY ASSURANCE B. Items provided under this section shall be listed and labeled by UL or other Nationally Recognized Testing Laboratory (NRTL). 1. Term "NRTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms "listed" and "labeled" shall be as defined in National Electrical Code, Article 100. C. Regulatory Requirements: 1. National Electrical Code (NEC): Components and installation shall comply with National Fire Protection Code (NFPA) 70. D. Comply with federal, state, and local codes and regulations, and with utility company requirements. PART 2 PRODUCTS 2.01 TEMPORARY UTILITIES A. Contractor shall provide and pay for all electrical power, lighting, water, heating and cooling, and ventilation required for construction purposes. 2.02 TEMPORARY HEAT A. Contractor shall provide and pay for heat devices and heat as required to maintain specified conditions for construction operations. 2.03 TEMPORARY TELEPHONE SERVICE A. A cellular phone shall be acceptable as temporary phone service. Provide telephone number(s) at which responsible representatives of Contractor can be reached evenings, weekends and holidays. 2.04 TEMPORARY WATER SERVICE A. Make suitable arrangements for temporary water service as required for Work. Contractor shall provide and pay for water service and all water used. TEMPORARY FACILITIES AND CONTROLS 01500 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 2.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain temporary toilet facilities and enclosures for Contractor's workers, Engineer's personnel and Owner's personnel. Provide at time of project mobilization and maintain until project completion. B. Portable toilets shall be acceptable. Comply with all applicable codes and regulations. Arrange for regular cleaning and/or replacement of portable toilets. C. Maintain daily in clean and sanitary condition. D. Provide portable toilets with hand sanitizer dispensers and adequate supply of hand sanitizer. 2.06 BARRIERS A. Provide barricades required by governing authorities for public rights-of-way and for public access to existing structures, if required. B. Provide protection for plants designated to remain. Replace damaged plants. C. Protect vehicular traffic, stored materials, site, and structures from damage. 2.07 FENCE AND GATES A. Maintain existing fencing sufficient to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. B. Materials shall be sufficiently durable to be effective for duration of construction period. C. Lock gates as needed to prevent unauthorized entry. 2.10 FIELD OFFICES AND BUILDINGS A. If required by Contractor, erect where designated by Engineer, and maintain in good condition, temporary field office, tool, and storage building(s) for Contractor's use. 1. Tool storage building(s) shall be of ample size to provide space for tools and equipment. 2. Building(s) shall be neat and well constructed, surfaced with plywood, drop siding, masonite, or other similar material, well painted and void of advertisements. 2.11 WEIGHING EQUIPMENT A. Contractor is required to provide scale for measurement of bid items that are based on weight. Scale may be located either on-site or off-site. 1. Weighing equipment shall meet IDOT 2001.07. 2. Be accurate to 2 lbs per 1,000 lbs of weight. 3. All trucks to be weighed shall be initially tared before being loaded and daily thereafter. B. Scale tickets 1. Accompany each load to be furnished to the Engineer TEMPORARY FACILITIES AND CONTROLS 01500-2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 2. Scale tickets also to be furnished when tares are determined for verification and check weighing. C. Check weighing and verification weighing may be made at any time as directed by the Engineer. The Engineer may check the operation of the equipment at any time. PART 3 EXECUTION 3.01 WATER CONTROL A. Conform to the regulations and requirements of legally authorized surface water management agencies. B. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. C. Keep trenches and other areas free from water as required to allow continuous progress of work, to prevent damage to Contractor's work, and to work of others. D. Conduct operations in such a manner to prevent sediment from reaching existing sewers, storm drains, and river. E. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. F. Cover exposed excavated areas and spoil piles when runoff from rain is likely to cause turbidity to enter local waterways. Suspend work in the rain if such work cannot be performed without causing turbid runoff. G. Where necessary, divert runoff through closed pipe system to minimize downstream erosion, sedimentation, and turbidity during construction. 3.02 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. B. Coordinate with Owner's security program and City Police Department. 3.03 VEHICULAR ACCESS AND PARKING A. Maintain existing roads. B. Coordinate access and haul routes with governing authorities and Owner. C. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. D. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow.. E. Provide and maintain access to fire hydrants, free of obstructions. F. Provide means of removing mud from vehicle wheels before entering streets. TEMPORARY FACILITIES AND CONTROLS 01500 -3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa G. Do not allow vehicle parking on existing pavement. 3.04 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage. 3.05 CLEAN UP A. Street Cleaning: 1. Prevent dirt and dust from escaping trucks departing the project site by covering dusty loads, washing truck tires before leaving the site, or other reasonable methods. 2. Clean paved streets and roadways as required by the Engineer to remove dirt caused by the contractor's activities. 3. If above requirements are violated and no action taken after notification of infraction by Engineer, Owner reserves the right to have streets in question cleaned. The expense of the operation shall be charged to the Contractor. 3.06 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Final Application for Payment inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore new permanent facilities used during construction to specified condition. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 01500 -4 HR Green Inc. FY 2012 Chamberlain Demolition Project No. 10110021 City of Waterloo, Iowa SECTION 01570 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Requirements to minimize pollution of air, water, or land; control of noise, and the disposal of solid waste materials. a. Control of erosion and sedimentation due to construction activities. b. Solid waste disposal. c. Control of chemical waste. d. Control of dust. e. Control of noise. f. Protection of roadways. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225— Measurement and Payment. 1.03 SUBMITTALS A. Contractor's Storm Water Pollution Prevention Plan. B. Submit in accordance with Section 01300. 1.04 REFERENCES A. EPA National Pollutant Discharge Elimination System (NPDES), Construction General Permit; current edition; http://cfpub.epa.gov/npdes/stormwater/cgp.cfm. B. FHWA FLP-94-005 - Best Management Practices for Erosion and Sediment Control; Federal Highway Administration; 1995. 1.05 NPDES PERMIT A. Contractor shall procure and pay for the required National Pollutant Discharge Elimination System (NPDES) General Permit Number 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities". B. Provide all monitoring and test reporting relating to the discharges as required by the permit. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 GENERAL ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Project No. 10110021 City of Waterloo, Iowa A. Employ and utilize environmental protection methods, obtain all necessary permits, and fully observe all local, state, and federal regulations. Contractor shall be responsible for any and all fines imposed by any regulatory agency due to the Contractors activities. B. Land Protection: 1. Except for any work or storage area and access routes specifically assigned for the use of the Contractor, the land areas outside the limits of construction shall be preserved in their present condition. Contractor shall confine his activities to areas defined for Work within the Contract Documents. 2. Manage and control all borrow areas, work or storage areas, access routes and embankments to prevent sediment from entering nearby water or land adjacent to the work site. 3. Restore all disturbed areas and establish permanent type of locally adaptable vegetative cover. Grade all disturbed areas to drain and prevent on-site ponding of water. 4. Unless earthwork is immediately paved or surfaced, protect all side slopes and backslopes immediately upon completion of final grading. 5. Plan and execute earthwork in a manner to minimize duration of exposure of unprotected soils. 6. Except for areas designated by the Contract Documents to be cleared and grubbed, the Contractor shall not deface, injure or destroy trees and vegetation, nor remove, cut, or disturb them without approval of the Engineer. Any damage caused by the Contractor' equipment or operations shall be restored as neatly as possible to its original condition at the Contractor's expense. 3.02 EROSION AND SEDIMENTATION CONTROL A. Prepare a Storm Water Pollution Prevention Plan: 1. Submit copy to Engineer prior to start of site work. 2. Include: a. Site plan identifying soils and vegetation, existing erosion problems, and areas vulnerable to erosion due to topography, soils, vegetation, or drainage. b. Site plan showing grading; new improvements; temporary roads, traffic accesses, and other temporary construction; and proposed preventive measures. c. Where extensive areas of soil will be disturbed, include storm water flow and volume calculations, soil loss predictions, and proposed preventive measures. d. Schedule of temporary preventive measures, in relation to ground disturbing activities. e. Other information required by law. f. Format required by law is acceptable, provided any additional information specified is also included. 3. Obtain the approval of the Plan by authorities having jurisdiction. B. Erosion Protection: 1. Utilize methods necessary to effectively prevent erosion and control of sedimentation. Such methods may include but are not necessarily limited to the following: ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 -2 HR Green Inc. FY 2012 Chamberlain Demolition Project No. 10110021 City of Waterloo, Iowa a. Retardation: Mechanically retard rate of runoff by construction of diversion ditches, terraces, and berms. Divert run off to protect drainage courses. b. Protect side and backslopes as soon as rough grading is complete by accelerated growth of permanent vegetation, temporary vegetation, mulching or netting. c. Where slopes are too steep for stabilization, use hydroseeding, mulching anchored in place, cover by anchored netting, sodding, or combination to prevent erosion. d. Remove temporary protection prior to final grading operations. C. Comply with all requirements of U.S. Environmental Protection Agency and Iowa Department of Natural Resources for erosion and sedimentation control. D. Best Management Practices Standard: Federal Highway Administration Best Management Practices for Erosion and Sediment Control. E. Do not begin clearing, grading, or other work involving disturbance of ground surface cover until applicable permits have been obtained; furnish all documentation required to obtain applicable permits. 1. Obtain and pay for permits and provide security required by authority having jurisdiction. 2. Owner will withhold payment to Contractor equivalent to all fines resulting from non-compliance with applicable regulations. F. Timing: Put preventive measures in place as soon as possible after disturbance of surface cover and before precipitation occurs. G. Storm Water Runoff: Control increased storm water runoff due to disturbance of surface cover due to construction activities for this project. 1. Prevent runoff into storm and sanitary sewer systems, including open drainage channels, in excess of actual capacity or amount allowed by authorities having jurisdiction, whichever is less. 2. Anticipate runoff volume due to the most extreme short term and 24-hour rainfall events that might occur in 25 years. H. Erosion On Site: Minimize wind, water, and vehicular erosion of soil on project site due to construction activities for this project. 1. Control movement of sediment and soil from temporary stockpiles of soil. 2. Prevent development of ruts due to equipment and vehicular traffic. 3. If erosion occurs due to non-compliance with these requirements, restore eroded areas at no cost to Owner. I. Erosion Off Site: Prevent erosion of soil and deposition of sediment on other properties caused by water leaving the project site due to construction activities for this project. 1. Prevent windblown soil from leaving the project site. 2. Prevent tracking of mud onto public roads outside site. 3. Prevent mud and sediment from flowing onto sidewalks and pavements. 4. If erosion occurs due to non-compliance with these requirements, restore eroded areas at no cost to Owner. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 3 HR Green Inc. FY 2012 Chamberlain Demolition Project No. 10110021 City of Waterloo, Iowa J. Sedimentation of Waterways On Site: Prevent sedimentation of waterways on the project site, including rivers, streams, lakes, ponds, open drainage ways, storm sewers, and sanitary sewers. 1. If sedimentation occurs, install or correct preventive measures immediately at no cost to Owner; remove deposited sediments; comply with requirements of authorities having jurisdiction. 2. If sediment basins are used as temporary preventive measures, pump dry and remove deposited sediment after each storm. K. Sedimentation of Waterways Off Site: Prevent sedimentation of waterways off the project site, including rivers, streams, lakes, ponds, open drainage ways, storm sewers, and sanitary sewers. 1. If sedimentation occurs, install or correct preventive measures immediately at no cost to Owner; remove deposited sediments; comply with requirements of authorities having jurisdiction. L. Open Water: Prevent standing water that could become stagnant. M. Maintenance: Maintain temporary preventive measures until permanent measures have been established. 3.03 SOLID WASTE DISPOSAL A. Contractor generated: 1. Collect solid waste on a daily basis. 2. Dispose of non-hazardous waste generated on-site at an approved facility. 3. Solid waste generated off-site shall not be brought onto or accepted at the site as part of this Contract. 4. Refer to individual specification sections for disposal requirements for other solid waste, demolition debris, and non-hazardous waste resulting from this project. 3.04 CONTROL OF DUST A. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. B. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. C. The Engineer will determine the effectiveness of the dust control program and may request the Contractor to provide additional measures, at no additional cost to Owner. 3.05 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use. B. Do not burn trash on construction site. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 -4 HR Green Inc. FY 2012 Chamberlain Demolition Project No. 10110021 City of Waterloo, Iowa 3.06 CONTROL OF NOISE A. Conduct operations to cause least annoyance to residents in vicinity of Work, and comply with applicable local ordinances. B. Equip compressors, hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil-operated equipment with silencers or mufflers on intake and exhaust lines. D. Route vehicles carrying soil, debris, or other material over such streets as will cause least annoyance to public and do not operate on public streets outside of times specified in Contract Documents. 3.07 PROTECTION OF ROADWAYS A. Contractor is responsible for maintenance and restoration of public roads used for hauling of materials and equipment to and from the site. B. Contractor shall clean debris resulting from his operations from the haul roads on a daily basis, or as instructed by the Engineer. C. The Contractor shall not utilize local storm sewer inlets to wash and remove debris from the haul roads. D. All hauling operations on- and off-site shall be completed in a manner that minimizes deposition of litter and debris on adjacent roadways. 3.08 FUELS AND LUBRICANTS A. Comply with local, state and federal regulations concerning transportation and storage of fuels and lubricants. B. Fuel storage area and fuel equipment shall be approved by Engineer prior to installation. Submit containment provisions to Engineer for approval. C. Report spills or leaks from fueling equipment or construction equipment to Engineer and cleanup as required. D. Engineer may require Contractor to remove damaged or leaking equipment from Project site. 3.09 COMPLETION OF WORK A. Upon completion of work, leave area in a clean, natural looking condition. B. Remove all signs of temporary construction and activities incidental to construction of required permanent work. END OF SECTION ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570-5 Division 02 SITE WORK HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 02200 SITE PREPARATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Traffic control measures during demolition activities adjacent to public streets and sidewalks, and during hauling operations. B. Disconnection, capping and protection of existing utilities. C. Removal trees and vegetation. D. Removal of debris and trash on property grounds. E. Related Sections 1. Section 01500 -Temporary Facilities and Controls 2. Section 02221 —Demolition and Removals 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225— Measurement and Payment. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 TRAFFIC CONTROL MEASURES A. Determine haul routes and obtain approval of agency having jurisdiction over proposed roadway. B. Street or lane closures shall be coordinated with the appropriate Jurisdiction authority. It shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs. 1. Street closings shall be kept to the minimum time necessary to complete the work. The City or Engineer will determine how many streets or parts of streets may be closed by the Contractor at one time, and may refuse to allow the closing of additional streets or portions of streets until some of the improvement is finished and opened to traffic. 2. Notify the Engineer 48 hours in advance (excluding weekends) of closing any roads, streets, or public thoroughfares. No road or street shall be closed without prior approval from the Engineer. C. Arrange and pay for traffic control measures, such as temporary barricades, signage and signals, to minimize interference with pedestrian and vehicular traffic, and to SITE PREPARATION 02200 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa provide protection for and from Contractor onsite operations and hauling to/from the project site. 1. As required by local, state and/or federal requirements, such as specified by the Federal Highway Administration Manual on Uniform Traffic Control Devices, 1988, plus supplements, and the Iowa Manual on Uniform Traffic Control Devices (MUTCD). 2. Erect and maintain from initiation of project through final completion, as necessary. D. During construction, areas to be maintained for traffic shall be kept clear of all hazardous materials, including but not limited to construction debris, dust, and mud. E. Existing Permanent Signage 1. Do not remove, relocate, or reset any permanent City traffic control devices unless authorized to do so by the Engineer or contract documents. If a sign must be removed or relocated for any phase of construction, notify the Engineer of the necessity for removal. The Engineer shall arrange for the removal, relocation, or resetting of permanent traffic control devices by City personnel as needed to allow the work to proceed. If City personnel are not available, the authorized City representative may give authorization to the Contractor to remove, relocate, or reset the permanent traffic control devices. 2. In the event the Contractor removes or relocates a traffic control sign without prior notice to or authorization from the Engineer, the Contractor shall bear all responsibility and liability to any person sustaining bodily injury or property damage on account thereof. 3.02 EXISTING UTILITIES A. Coordinate work with utility companies; notify before starting work and comply with their requirements, to include obtaining and complying with required permits. 1. Utility locations shown on the Drawings are approximate and may not be complete. Contractor shall field verify all utility locations. 2. Provide notice to each utility sufficiently in advance of such operations to allow the utility time to mark the location of, relocate, adjust, or otherwise protect their facilities. Reach an agreement with each utility on appropriate action necessary to protect or relocate the utility facilities. Utilize Iowa Utility One-Call (800-292-8989) for locates for those utilities which subscribe to this service. 3. At all times conduct operations so that necessary clearances are maintained and said utility facilities are protected. Comply with all Local, State, and Federal, or other regulations in performing work near utility facilities. 4. Should the Contractor damage any of the utility facilities during Contractor's operations or determine the work cannot be performed safely, the Contractor shall immediately notify the utility involved and cease work until arrangements are made to prevent further damage or a serious accident. Contractor is responsible for the cost to repair any damage, including disruption of service, to any utility facility resulting from Contractor's operation. 5. Do not disrupt public utilities without permit from authority having jurisdiction. B. Prepare building demolition areas by disconnecting and capping utilities as indicated in this Section. SITE PREPARATION 02200-2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa C. If required, provide temporary utilities that bypass buildings and structures to be demolished and that maintain continuity of service to other buildings and structures. D. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities. E. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. F. Sanitary Sewer and Water Service Disconnection: If required, coordinate with the City Water Department. G. Mark location of terminated utilities physically and on Record Drawings. 3.03 ON-SITE BURIED PIPING AND CONDUIT A. Abandoned buried pipe and conduit that is exposed during the structure demolition shall be cut off at the edge of the excavation. 3.04 VEGETATION A. Remove and dispose of all existing trees, plants and other vegetation prior to beginning demolition operations. B. Do not mix with demolition debris, and dispose of properly offsite. Do not burn or bury materials onsite. 3.05 DEBRIS A. Remove debris, rubbish and trash from exterior grounds prior to building demolition and slab and foundation removals. B. Do not burn or bury materials on site. C. Maintain public streets, alleys, or other thoroughfares used in carrying out disposal free of litter or debris attributable to this operation. Equip and load trucks or other vehicles to prevent leakage, blowing off, or other escape of any portion of whatsoever. 3.06 RESTORATION A. Restore existing utilities, surface features, and structures that are to remain in equal or better condition that existed prior to Work. END OF SECTION SITE PREPARATION 02200 -3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 02221 BUILDING DEMOLITION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Demolition and removal of all building structures, contents, and debris. B. Demolition and removal of site improvements and debris adjacent or integral to building or structure to be demolished. C. Removal of Portland concrete and asphaltic concrete slabs and footings. C. Related Sections 1. Section 02200 - Site Preparation. 2. Section 02990 - Off-Site Transportation and Disposal. 3. Section 02316 — Fill and Backfill 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 —Measurement and Payment. 1.03 SUBMITTALS A. Identification of demolition firm and subcontractors, and qualifications to be submitted prior to award. B. Demolition Plan to include: 1. Summary of safety procedures. 2. Proposed Environmental Protection and Dust-Control Measures: Indicate proposed measures for use, proposed locations, and proposed time frame for their operation. Identify options if proposed measures are later determined to be inadequate. 3. Site Plan showing/describing: a. Location and construction of barricades and fences b. Areas for temporary construction and field offices. c. Areas for temporary and permanent placement of removed materials. d. Extent of demolition e. Removal sequence f. Bracing and shoring g. Locations of temporary protection and means of egress, including for other tenants of adjacent property affected by building demolition operations. C. Copies of permits required for building demolition. D. Project Schedule: 1. Detailed sequence of work, with starting and ending dates for each activity. 2. Coordination for shutoff, capping, and continuation of utility services. E. Pre-demolition Photographs or Video: DEMOLITION OF BUILDING STRUCTURES 02221 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 1. Show existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by building demolition operations. 2. Submit before Work begins. 3. Submit in electronic format on CD or DVD. F. Disposal locations and haul routes: 1. In accordance with Section 02990 —Off-Site Transportation and Disposal G. Disposal Records: 1. In accordance with Section 02990—Off-Site Transportation and Disposal H. Hazardous Material Disposal, Testing, and Air monitoring: 1. If applicable, maintain records on site for review by governing authorities as required by other sections, authorities, or jurisdictions for demolition activities. I. Project Record Documents: 1. Survey and record actual locations of capped and active utilities and subsurface construction. 2. Survey and record final excavation depths and locations of piling, or other foundations left in place, if any. J. Health and Safety Plan: 1. In accordance with Section 01350—On-Site Health and Safety Requirements. K. Evidence showing that weighing equipment required for measurement of bid items based on weight meets IDOT 2001.07. 1. In accordance with Section 01500—Temporary Facilities and Controls 1.04 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. 1. Statement of Qualifications to be submitted upon request of the City. B. Regulatory Requirements: Comply with governing OSHA, IDNR and US EPA notification regulations before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241 and 51B. D. Pre-demolition Conference: Attend conference at Project site. E. Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. 1.05 DESCRIPTION OF WORK A. Unless directed otherwise in the Contract Documents, the Contractor shall: 1. Remove and properly dispose of designated structures, contents of structures, trash, rubbish, floor slabs and foundations in accordance with federal, state and local regulations. 2. Remove trash and surface debris from entire site. DEMOLITION OF BUILDING STRUCTURES 02221 -2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3. Remove and properly dispose of Portland cement concrete slabs and footings and asphaltic concrete cement pavement from within project limits. 4. Remove and properly dispose railroad spur, including steel rails and wood ties. 5. Restore site to result in grass vegetated surface that allows positive drainage, without ponding. Restoration includes backfilling of pits and depressions, general grading, final grading of topsoil, and fertilizing/seeding/mulching. 1.06 PROTECTION OF THE PUBLIC AND PROPERTIES A. Litter: 1. Remove any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the Owner in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure: 1. Conduct demolition and debris removal operations to ensure minimum interference with roads, streets, walkways, and other adjacent occupied and used facilities. 2. Refer to traffic and control measures in Section 02200 —Site Preparation. C. Protection of the Public: A. Sidewalks: The Contractor shall be responsible for any damage to public sidewalks and roadways abutting or adjacent to the demolition properties resulting from the execution of the demolition work. The cost of repair or replacement shall be considered incidental to the work and the Contractor shall obtain all permits and pay any fees. B. Pedestrian Access: Place and construct the necessary warning signs, barricades, fencing and temporary pedestrian sidewalks, as directed by the Engineer; and to maintain alternate pedestrian access for sidewalks around the demolition site. The cost of these items shall be considered incidental to the work. C. Temporary Fence: Erect temporary fence around all excavation, dangerous building(s) or structure(s) to prevent access to the public. Such fence shall be consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. a. Fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The temporary fence material and posts shall remain the property of the Contractor b. Refer to fence requirements on Drawings and in Section 01550 — Temporary Facilities and Controls. D. Demolition Hours: 1. Comply with any restrictions to working hours as included in Section 01100, Summary. 2. Comply with all applicable ordinances and restrictions of the City. DEMOLITION OF BUILDING STRUCTURES 02221 - 3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa E. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. Contractor shall comply with any noise pollution requirements of the City. F. Dust Control: Comply with applicable air pollution control requirements of the City. Contractor shall take appropriate actions to minimize atmospheric pollution. To minimize atmospheric pollution, the Engineer shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. G. Requirements for the Reduction of Fire Hazards: 1. Removal of Material: Before demolition of any part of any building, remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: Maintain the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use 3. Fires: No fires of any kind will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. 6. Telephone Service: Arrange for access to and use of, during working hours, one or more telephones in the vicinity of the work site for the purposes of making calls in case of fire or other emergencies, and shall keep all personnel on the job, and the local jurisdiction informed of the location of such telephones. The Contractor's foreman, or at least one regular member of each shift, shall be charged with the responsibility of promptly calling emergency services when necessary. The same person shall be required to inspect the building and the site frequently for possible fires or fire-producing conditions and to apply appropriate corrective action, particularly at the close of work each working day. H. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. 1. Refer to Section 02200 —Site Preparation. I. Protection of Adjacent Property: 1. Conduct operations to minimize effects on and interference with adjacent structures and occupants. DEMOLITION OF BUILDING STRUCTURES 02221 -4 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 2. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon or limit access to their property. 3. Protect adjacent walkways, loading docks, building entries, and other building facilities during demolition operations. 4. Do not damage any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to demolition project. Cost of repair or replacement shall be considered incidental to the work and the Contractor shall obtain all permits and pay any fees. 5. Provide such sheeting and shoring as required to protect adjacent property during demolition. Prevent the spread of dust and flying particles. 6. Restore existing drain tiles or roadway subdrains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the jurisdictional entity. J. Protection of On-Site Features to Remain: 1. Preserve the following known features: a. Three water production wells. The approximate locations, labeled Well #1, Well #2, and Well #3 are shown on Figure 1. b. Sixteen groundwater monitoring wells. The approximate locations, labeled MW-1 through MW-16, are shown on Figure 2. c. Storm water piping, manholes and intakes. The approximate layout of known storm water piping is shown on Figure 3. Other storm water piping and structures that may be discovered during this work shall also be preserved. d. Preserve two storm water skimmer structures. The approximate locations are shown on Figure 1. 2. These features are within the designated locations of demolitions and removals. Contractor shall provide measures necessary to protect these features as demolition and removals occur. 3. Contractor is responsible to repair or replace any structure designated to remain that is damaged due to Contractor's negligence. This shall be at no additional cost to the Owner. 1.07 RISK OF LOSS A. Contractor shall accept the site in its present condition and shall inspect the site for its character and the type of structures to be demolished. B. City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. 1.08 PROPERTY OWNERSHIP A. Unless otherwise indicated in the Contract Documents, upon execution of the contract, all rights, title, and interest of the City in and to buildings, structures and other property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents, shall be deemed to be vested in the Contractor. DEMOLITION OF BUILDING STRUCTURES 02221 -5 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition of the building. 1.09 VACATING OF BUILDINGS A. The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. B. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City and shall not begin demolition or site clearance operations on such property until further directed by the City. C. The Contractor's responsibility for such buildings will not begin until the City issues a Notice to Proceed. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.10 RELEASE OF BUILDINGS A. The demolition area shall be released to the Contractor upon Award of Contract and Notice to Proceed. B. The Contractor shall have full control of the demolition progress and clearance of the site, subject to the provisions of the Contract Documents. 1.11 PERMITS AND FEES A. The Contractor shall obtain all the necessary permits and pay all permit fees that may be required in conjunction with the demolition work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 PREPARATION A. Obtain required permits. B. Survey existing conditions and correlate with contract requirements. Inventory and record the condition of items to be removed and salvaged. C. Existing Utilities: Locate, identify, disconnect, and seal or cap off utilities serving buildings and structures to be demolished. Do not start demolition work until utility disconnecting and sealing have been completed and verified in writing. DEMOLITION OF BUILDING STRUCTURES 02221 -6 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 1. In accordance with Section 02200—Site Preparation. D. Perform an engineering survey of condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during building demolition operations. E. Temporary Shoring: Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent unexpected movement or collapse of structure being demolished. 1. Strengthen or add new supports when required during progress of demolition. 2. Shoring and bracing design, construction, and removal shall be the responsibility of the Contractor. F. Provide the Engineer with a minimum of 48 hours advance notification prior to beginning the execution of demolition of any structure. 3.02 DEWATERING OF STRUCTURES A. Remove water from flooded areas of structures prior to demolition. B. Maintain pumping as needed to keep structure and excavations free of water until debris is removed and excavations are backfilled. C. Dispose of water from flooded buildings in sanitary sewer as directed by Engineer. 3.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings: 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Subject to site restrictions, outside chimneys or outside portions of chimneys shall be razed in advance of general demolition of each building. Any portion of a chimney inside a building shall be razed as soon as it becomes unsupported by reason of removal of other parts of the building. 3. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any working day. B. Basements and Foundation Walls: Remove all basement walls, slabs, and foundations to a minimum of 42-inches below final grade. C. Abandoned buried pipe and conduit that is exposed during the structure demolition shall be cut off at the edge of the excavation. D. Concrete Slabs: Contractor shall remove all concrete slabs, asphalt slabs, surface obstructions, masonry slabs, and appurtenances as indicated on drawings. E. Retaining Walls: Retaining walls or curbs within the project limits shall be removed unless otherwise indicated in the Contract Documents. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work DEMOLITION OF BUILDING STRUCTURES 02221 -7 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa without damage to adjacent public or private property. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 10:1 horizontal:vertical or as directed by the Engineer. The cost of any tree or brush removal due to the removal and grading out of the retaining wall shall be considered incidental. F. Fences: Fences, guardrails, bumpers, signs, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated. All posts for support shall be pulled out or dug up so as to be entirely removed. G. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted. H. Vegetation: The Contractor shall remove all dead trees, trees identified for removal, stumps, all trees which are not an asset to the property, bushes, vegetation, brush and weeds, whether standing or fallen, unless specifically stated otherwise by the Engineer. The Contractor shall protect all trees not removed from damage by the demolition operation. I. If ACM or other hazardous materials (not identified and removed as part of previous abatement projects) are discovered during removal operations, stop work and notify Engineer. J. Engineering Surveys: Perform surveys as the Work progresses to detect hazards that may result from building demolition activities. K. Dust Suppression: 1. Use water mist and other suitable methods to limit spread of dust and dirt. 2. Comply with governing environmental-protection regulations. Do not use water when it may damage adjacent construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution. 3.04 DEBRIS /WASTE MANAGEMENT A. Dispose or recycle demolition materials, with the exception of those items specifically designated for salvage by Owner. All buildings, building materials, contents of structures, and equipment resulting from this work shall be removed from the premises at once. Salvaged material shall be removed immediately from the premises, right-of- way, streets or alleys. B. Storage or sale of removed items or materials on-site is not permitted. C. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, State and local requirements, pertaining to legal disposal of all construction and demolition waste materials, ACM, and other hazardous materials. D. Remove demolished materials from Project site and legally dispose or recycle them at an approved facility licensed in accordance with state and/or local regulations, laws, DEMOLITION OF BUILDING STRUCTURES 02221 - 8 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa and zoning. Do not allow demolished materials to accumulate on-site. The Contractor shall be responsible to pay all fees for waste disposal. Submit to the Engineer copies of all disposal tickets which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition. 1. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 2. Methods of trash/debris/waste disposal that are not acceptable are: a. Burning on the project site. b. Burying on the project site. c. Dumping or burying on other property, public or private. d. Other illegal dumping or burying. 3.05 CLEAN UP A. At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. B. Final Cleaning Up: Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on private property. All ground occupied by the Contractor in connection with the work shall be restored. C. Final cleaning up shall be subject to approval of the Engineer and in accordance with applicable regulations. 3.06 RESTORATION A. Fill voids to surrounding grades and grade to drain in accordance with Section 02316 - Fill and Backfill. B. Topsoil, seed, and mulch in accordance with Section 02900 - Site Restoration. END OF SECTION DEMOLITION OF BUILDING STRUCTURES 02221 -9 HR Green Inc. FY 2012 Chamberlain Demolition 3 Project No. 10110021 City of Waterloo, Iowa SECTION 02316 FILL AND BACKFILL PART 1 GENERAL 1.01 SECTION INCLUDES A. Filling, backfilling, and compacting for excavations and voids remaining from building demolition and removals. B. Site grading. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225— Measurement and Payment. 1.03 SUBMITTALS A. Materials Sources: Submit name, location and soil type of imported materials source. B. Test results. 1. Fill borrow source test(s) and certification that material is clean and free from contamination. 2. Compaction tests. 1.04 PROJECT CONDITIONS A. Provide sufficient quantities of fill to meet project schedule and requirements. B. When fill materials need to be stored on site, locate stockpiles where designated by Owner. 1. Prevent contamination. 2. Protect stockpiles from erosion and deterioration of materials. PART 2 PRODUCTS 2.01 FILL MATERIALS A. General Fill: Clean, fine earth, rock, or sand, free from organic based soil, grass, roots, brush, or other vegetation, lumps larger than 6 inches, rocks larger than 3 inches, and debris. B. To the extent possible, general fill is to be obtained on-site, near the areas where fill is needed. To a limited extent, imported fill material meeting these requirements may be used when sufficient satisfactory backfill materials are not available onsite. FILL AND BACKFILL 02316 - 1 HR Green Inc. FY 2012 Chamberlain Demolition 3 Project No. 10110021 City of Waterloo, Iowa PART 3 EXECUTION 3.01 PREPARATION A. Until ready to fill, maintain excavations and prevent loose soil from falling into excavation. B. Shoring, Sheeting and Bracing: Shore, brace, or slope to angle of repose excavations to protect workmen, adjacent paving, structures, and utilities, in compliance with OSHA requirements. 1. Extend shoring and bracing to the bottom of the excavation. Shore excavations that are carried below the elevations of adjacent existing foundations. C. Excavation Drainage: Operate pumping equipment, and/or provide other materials, means and equipment as required, to keep excavations free of water and subgrades dry, firm, and undisturbed until approval of permanent work has been received from Owner. 3.02 FILLING AND COMPACTING A. Do not use frozen material or place on frozen subgrade. B. Maintain optimum moisture content of fill materials to attain required compaction density. C. Place and compact fill material in equal continuous layers not exceeding 8 inches compacted depth. D. Compaction: 1. Ordinary compaction achieved with a dozer or excavator bucket. 3.04 SITE GRADING A. Uniformly grade areas to smooth surface, free from irregular surface changes. Comply with compaction requirements. 1. Provide smooth transition between existing adjacent grades and new grades. 2. Maximum acceptable slope 10:1 B. Fill settled areas where excavations or trenches were backfilled and holes made by demolition, slab, and foundation removal, tree removal, and site preparation work. C. Provide for a minimum depth of 4 inches of topsoil over the graded area (refer to Section 02900—Site Restoration). D. Slope grades to direct water toward existing storm water inlets located on the property and to prevent ponding. The locations of existing storm water structures is included as Figure 3. E. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site of any debris. END OF SECTION FILL AND BACKFILL 02316 -2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 02900 SITE RESTORATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Preparation of subsoil and placement of 4 inch layer of topsoil. B. Seeding, mulching, and fertilizer. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 - Measurement and Payment. 1.03 SUBMITTALS A. Product Data: For each type of product indicated. B. Certification of Grass Seed: From seed vendor for each grass-seed mono-stand or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. C. Product Certificates: For fertilizers, signed by product manufacturer. D. Material Test Reports: For existing surface soil and imported topsoil. E. Planting Schedule: Indicating anticipated planting dates for each type of planting. 1.04 QUALITY ASSURANCE A. Deliver grass seed mixture in original, sealed, labeled, containers. Seed in damaged packaging is not acceptable. B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. Owner will withhold retainage until seeding is complete, grass has germinated, and is accepted. C. Seeding Guarantee: Guarantee seeded area for duration of one year after seeding to be alive and in satisfactory growth at end of guarantee period. 1. For purpose of establishing acceptable standard, scattered bare spots, none larger than 1-sq ft will be allowed up to maximum of 3% seeded area. 2. Acceptance will be based upon meeting this standard one year after substantial completion or after reseeding. 3. No weed seeds allowed. If excessive weeds grow, Contractor may be required to spray and reseed at Owner's discretion. 4. During the warranty period, correct and reseed as originally specified, any defects in the seeded areas and grass stand, such as weedy areas, eroded areas, and bare spots, until all affected areas are accepted by the Engineer. 5. Areas reseeded under the warranty shall be warranted for an additional one-year period. SITE RESTORATION 02900- 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 1.05 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Manufactured Soil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. C. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. D. Sub-grade: Surface or elevation of subsoil remaining after completing excavation, top surface of a fill or backfill immediately beneath planting soil. PART 2 PRODUCTS 2.01 SEED MIXTURE A. Seed Species: Seed of grass species as follows, with not less than 95 percent germination, not less than 85 percent pure seed, and not more than 0.5 percent weed seed: 1. Sun and Partial Shade: Proportioned by weight as follows: a. 50 percent Kentucky bluegrass (Poa pratensis). b. 30 percent chewings red fescue (Festuca rubra variety). c. 10 percent perennial ryegrass (Lolium perenne). d. 10 percent redtop (Agrostis alba). 2.02 TOPSOIL A. Topsoil: Organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Furnished by Contractor. 2.03 MULCH A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley. B. Fiber Mulch: Biodegradable, dyed-wood, cellulose-fiber mulch; nontoxic; free of plant- growth or germination inhibitors; with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. C. Non-asphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch manufacturer for slurry application; nontoxic and free of plant-growth or germination inhibitors. 2.04 FERTILIZER A. Fertilizer: Granular type and delivered to site in the original bag in good condition for proper distribution. 1. N-P-K, 13-13-13 or equivalent. SITE RESTORATION 02900 -2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No, 10110021 City of Waterloo, Iowa PART 3 EXECUTION 3.01 EXTENT OF SURFACE RESTORATION A. Topsoil shall be applied and fertilized, seeded, and mulched in all areas disturbed by demolition activities except in areas where pavement is to remain. 3.01 SOIL PREPARATION A. Preparation for Seeding: 1. Areas Accessible to Machinery: Thoroughly work areas accessible to field machinery to a depth of not less than 3 in. Soil brought to a loose, friable condition, and picked free of rocks and debris in excess of 1" diameter where weed growth has developed extensively. Use of a disc allowed to disc these weeds into the ground if the weeds can be completely covered by this method. 2. Areas inaccessible to machinery: Prepare areas inaccessible to field machinery by hand to a depth of not less than 1-1/2 in. The soil shall be brought to a loose friable condition. 3. The seedbed shall be inspected and approved by the Engineer prior to seeding. 3.02 INSTALLATION A. Fertilizer: 1. Rate of Fertilizer: Spread fertilizer uniformly at a rate of 750 pounds per acre. 2. Fertilize all areas to be seeded, in accordance with IDOT 2601.04B B. Seeding: 1. Seeding Dates: Spring seeding dates shall be between March 1st and May 31st. Fall seeding dates shall be between August 10th and September 30th. Legumes shall only be seeded during Spring planting season before April 15th. 2. Method of Seeding: On areas accessible to field machinery, all grasses and legume seed will be applied with a seed drill with a no till attachment. Hydraulic seeder on areas inaccessible to field machinery. 3. Seed Application Rate: 53 lbs/acre, in accordance with IDOT 2601.04C C. Mulching: 1. Mulch all seeded areas as soon as seed is applied. 2. Rate: Apply mulch at a rate of two tons per acre. 3. Application of Mulch: The mulching shall be the final operation of seeding. Evenly and uniformly distribute and anchor the mulch into the soil. Anchor mulch into soil by means of mulch crimper. 3.03 MAINTENANCE A. Begin maintenance of planted areas immediately after each portion is planted and continue until final acceptance. B. Maintain seeded area by watering, mowing, and replanting as necessary to produce uniform stand of grass until Work is accepted in accordance with guarantee. SITE RESTORATION 02900 -3 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3.04 GUARANTEE A. Guarantee seeded area for duration of one year after Substantial Completion to be alive and in satisfactory growth at end of guarantee period. 1. For purpose of establishing acceptable standard, scattered bare spots, none larger than 1-sq ft will be allowed up to maximum of 3% seeded area. 2. Acceptance will be based upon meeting this standard one year after substantial completion or after reseeding. 3. No weed seeds allowed. If excessive weeds grow, Contractor may be required to spray and reseed at Owner's discretion. B. Retainage will be held back to cover full cost of reseeding until vegetative cover is established and accepted by Owner. 3.05 ACCEPTANCE OF SEEDED AREAS A. Notify Engineer in writing 7 days prior to inspecting seeded area for acceptance. B. Contractor and Engineer shall inspect seeded areas for contract compliance and acceptance of work. Upon completion of inspecting seeded areas, Owner shall provide written acceptance or rejection to Contractor with further requirements for completing the seeding work. Seeding work remaining to be completed shall be reinspected by Owner before final acceptance END OF SECTION SITE RESTORATION 02900 -4 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa SECTION 02990 OFF-SITE TRANSPORTATION AND DISPOSAL PART 1 GENERAL 1.01 SUMMARY A. Requirements for the transportation and disposal of materials generated during this project which require off-site disposal and/or storage. Materials that will or may be found onsite requiring off-site recycling or disposal include: 1. Rubbish, trash, railroad ties, and miscellaneous garbage. 2. Building demolition debris and rubble, slabs and foundations. 3. Steel rails, structural steel, and other miscellaneous salvagable/recyclable metals. B. Furnish all labor, equipment, materials and incidentals required to transport all materials required to be recycled or disposed of off-site. 1.02 MEASUREMENT AND PAYMENT A. Costs for transportation and disposal are incidental to the demolition and removal items listed on the bid form. 1.03 SUBMITTALS A. Within 10 days after Notice to Proceed: 1. Names and locations of all facilities proposed to be used for the disposal of materials off-site. 2. Acceptance criteria, if any for each type of waste stream at each facility proposed. 3. Sampling and analytical criteria, if any, for each type of waste stream at each facility proposed. 4. Any other restrictions which may be imposed by each of the proposed facilities. B. As the Work proceeds: 1. Blank sample of shipping documents and disposal manifests for each type of waste stream a minimum of three days prior to their proposed date of use. 2. Copies of certificates of disposal, destruction, treatment, recycling as applicable and as issued by the disposal facility following acceptance and final disposition of the various waste streams. 3. Proposed transportation routes and alternate transportation routes to each disposal facility. C. At Contract Closeout: 1. Summary spreadsheet of all waste and recyclable materials hauled from the site, quantities, and identification of the disposal, recycle, or salvage facility. 1.04 QUALITY ASSURANCE A. Ensure each of facility possesses all necessary permits required for accepting and disposing of wastes and that these permits are current. OFF-SITE TRANSPORTATION AND DISPOSAL 02990 - 1 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa B. Use only disposal facilities previously approved by Owner for performance of Work. C. Contractor shall have responsibility to meet requirements of these Specifications, and acceptance of bid does not constitute nor imply approval of proposed off-site waste disposal facility(ies). Owner shall have right to deny approval of any/all facility(ies) that do not comply with these Specifications. D. Owner may schedule inspections of disposal facility, as appropriate, to assess compliance status. E. In event that identified and approved facility ceases to accept stated waste materials or facility ceases operations, it is Contractor's responsibility to locate alternate approved and permitted facility for accepting waste materials. Contractor is responsible for making necessary arrangements to utilize facility, and alternate facility must be approved by Owner in same manner and with same information as for original facility. 1.05 REFERENCE STANDARDS A. Comply with all applicable Federal, State and local laws, codes and ordinances which govern or regulate waste transportation and disposal. PART 2 PRODUCTS (Not used) PART 3 EXECUTION 3.01 TRANSPORTATION AND ENTRY/EXIT REQUIREMENTS A. Transport all waste streams from the site in conformance with department of transportation, federal, state and local regulations governing the type of waste stream being transported. This includes, but not limited to, requirements for operator training and requirements for packaging, labeling, marking, placarding of various waste shipments. B. All waste streams shall be transported directly to the disposal facility from the site. Neither the route nor the mode of transportation shall deviate from the approved route without prior written approval from the Owner or Owner's Agent. C. Inspect existing roadways immediately adjacent to the site and document their condition prior to project start-up. Any/all repairs or improvements, including permits and/or approvals, to accommodate off-site transportation of wastes shall be responsibility of Contractor. Provide documentation to Engineer prior to any hauling operations. D. Document all entry/exit procedures for transports in Off-Site Transportation and Disposal Plan and shall instruct and provide written instructions to all transporters as to these procedures. Contractor shall see that all personnel are provided with adequate protective equipment in accordance with Contractor's health and safety plan. OFF-SITE TRANSPORTATION AND DISPOSAL 02990-2 HR Green Inc. FY 2012 Chamberlain Demolition Phase 3 Project No. 10110021 City of Waterloo, Iowa 3.02 LOADING OF MATERIALS INTO TRANSPORT CONTAINERS A. Furnish, install, and maintain any on-site temporary loading facilities as required. Provide equipment, personnel, and on-site facilities necessary to handle and load waste materials designated for off-site transport. B. Ensure that all waste materials loaded for off-site transportation have been accurately identified and are in compliance with appropriate State and Federal regulations. C. Each container shall be visually inspected upon loading to ensure it is properly sealed and there are no signs of spillage or leakage. All vehicles hauling bulk wastes from the site shall be inspected by the Contractor prior to leaving the site. Contractor shall certify proper containerization for each transporter leaving the site. D. Containers found to be leaking or bulk transports found leaking shall not be loaded until source of leaking is located and source contained. Area where leaking occurred and any contaminated equipment shall be decontaminated. E. Contractor shall be responsible for any and all cleanup activities involving waste spilled in transit or during loading operations, and shall be at the Contractor's expense. F. Contractor shall be responsible for verifying appropriate container sizes for off-site disposal in accordance with Federal Department of Transportation (DOT), State, and local regulations. Any requirements and expenses for oversize load are Contractor's responsibility. 3.03 HAULING REQUIREMENTS A. Implement hauling or transport schedule minimizing congestion on and around site. B. Transport waste from site only to those facilities approved by Owner. C. Routes and timing must be coordinated with appropriate State regulatory agencies. All highway and road restrictions shall be adhered to by Contractor. 3.04 VEHICLE DECONTAMINATION A. Decontaminate transport vehicles and containers in a designated decontamination area prior to their leaving the site. Decontamination shall include the removal of material on the tires and axles of trucks and any other material on the vehicle as a result of loading operations. 3.05 OFF-SITE DISPOSITION A. Dispose the various waste streams at the Owner-preapproved facilities. All waste facilities must have a valid facility permit from the regulating authority (U.S. or State) for that type of facility and for the type of waste which will be received. All disposal facilities must be constructed in a manner which meets or exceeds the requirements of federal regulations governing the type of disposal facility. No change in disposal facility for any type of waste stream shall be allowed without prior written approval of the Owner or Owner's Agent. END OF SECTION OFF-SITE TRANSPORTATION AND DISPOSAL 02990 -3 FIGURES �' Chamberlain Demolition Legend i i® .y , *1,,, `,, Phase Ill ® Project Limits I• .e,—_,.. •o � Contract # 806 II Remaining Structures r li.-£ to - t .:.d a_ _ _ Two Fuel Tanks -ate C WYY 44� , 'S / i� =4 0 0 • Irv. Storm Water Skimmer Structure to be preserved ` =',� -i t ;_ - _ y Well House IVA I. ae . m r yy Ani •W -,E � r �p S 'S.scz ▪�i- ri g� " it . ,f� R T r --` s tF j'_.r v iILL:- 4 Oft � fir'. N s. a....... W-, s ▪ so n' c � � W�E 2 s FIGURE 1-SITE DEMOLITION PLAN GENERAL NOTES: 1.NOTIFY UTILITY COMPANIES 72 HOURS PRIOR TO DEMOLITION. VERIFY LOCATION OF ALL EXISTING UTILITIES BEFORE DEMOLITION. IOWA ONE CALL:1-800-292-8989. 2.DEMOLISH REMAINING STUCTURES SHOWN ON FIGURE,INCLUDING RAILROAD SPUR,TWO FUEL TANKS, SHED,WELL HOUSE,AND SUBSTATION. REMOVE ALL CONCRETE AND ASPHALT SLABS AND FOUNDATIONS LOCATED WITHIN PROJECT LIMITS TO 42 INCHES BELOW GRADE. FILL PITS AND DEPRESSIONS FROM THE REMOVALS TO PROVIDE POSITIVE DRAINAGE TOWARD EXISTING STORM WATER DRAINS. PLACE TOPSOIL OVER DEMOLITION AREA AND SEEDIFERTILIZEIMULCH PER SPECIFICATIONS. 3.PRESERVE ALL MONITORING WELLS AND WATER PRODUCTION WELLS ON SITE. NOTE THAT PRODUCTION WELL#3 IS LOCATED IN A WELL HOUSE AND MUST BE PRESERVED DURING DEMOLITION OF THE STRUCTURE. LOCATIONS OF MONITORING WELLS ARE SHOWN ON FIGURE 2. 4.STORM WATER SKIMMERS LOCATED WITHIN THE SUBSTATION AREA AND WITHIN THE SHED STRUCTURE MUST BE PRESERVED DURING DEMOLITION OF THE STRUCTURES. le5.WHERE SLABS MEET PROJECT LIMITS AND EXISTING FENCE,SLABS SHALL BE SAWCUT FULL DEPTH AS CLOSE TO FENCE AS PRACTICAL AND CAREFULLY REMOVE LEAVING STRAIGHT EDGE OF PAVEMENT TO REMAIN. GRADE SITE TO MEET TOP OF REMAINING PAVEMENT. it 1 { OSGP-16 RES. i RES. _ i RES. { ' I I I ; { OSMW-1 mw� i 1 * #SGP•17 J {{ �ILA--__ L 1 ___J LOU/SE ST. 1 , I 1 MW-15 - I • i 1 r I • _ itfr I I MWV 1 • { MW-R I RES. _ RES. i I RES. 61 ' I { ? I {�.f MW 5 { MW-2 , MW-4 MI MWS { {OSGP-1 { I MW} GP-26 * r -_----- {( i W-3 I I OSMN'•5 14 1 `t: OSMW2`: ----i 1 v GP-30: MW 8 I ¢ { , ; 1 z ' { h '� I , RES. I o ` RES. I MW 18 1 / ` t. 1 1 e / o , COI ,u MW-13 //� 1 { I {OSMW-7 GATES PAR { OSGP-2____, I _ __.�V.__.i - '� k '� �'--YN ESTHER ST. T A j` '4. F rR s I I � ' 1 ii a , 1 . , - t`r �� l RES. ; f RES. MW it 1 I ii 1 I .�_ 1 • { t I MW-10r- �' IDS r OSMW-6 Li — I —=. '- 4,. "i ' -I.ii 1 121 1-r rniTur iTilYrti"iffivAJr;4,, , HANOVER ST. GP-29 - 'OSGP-4 I'III1 GP-27 r/rr�7rr:It 1 tFj�' { i rr;.;j cna I OSMW-4 06613 �- %,' <Rp 1 RES. {rt;!//.. . RES. ( , i 11 I GP-20 1 I i� {, OSMWa / ' OSMW-10 = ( — .- OSGP-10 E ARUNGTON ST. 4- LEGEND _----._-_ `-7`....—_ �.�_ __. .�. •.•.—. LESTER ST PROPERTY LWE 1 _ 1141+1. RAILROAD I' _ I { * MONITORING WELL P'w - I RES RESIDENTIAL r,' I RES. I I RES. t FORMER GEOPROBESAMPLES I I 4- PROPOSED MONITORING WELL a J : LI 1 NOTE:ON-SITE BUILDINGS HAVE BEEN I /` ,• -OSMW-12 , DEMOLISHED AND ARE DEPICTED FOR IdV REFERENCE ONLY, ; OSGP-7 CHARLES ST. 3 I N FIGURE 2 - MONITORING WELL LOCATION MAP FY 2012 CHAMBERLAIN DEMOLITION PHASE 3 , I = 1 MMFIVMS SCALE 040RAN I9 FOR WHIMAL LOCATION ONLY,SOPS MGI RrEFvcurVn w.a.nw n.n�wrvm Mapping Reference:Terracon, December 2011 , 2 IA .1- d 2 g 1 g o. 4----I 4 z V1 d r 0 .g rrl i L It 1 1 P '....- • ..Z‘... -..--- 7 3 3 , o w - , p o co -1< 1-1 cl_ ..b - in ._,z z 0 in 0 0 in en in o 2 0 ..0 I F- --.1 . 0 X - Ill 1 , 14 . .. =,'0< -— • - z 2 r " i : li i - _ • :,,,L, i: . =NI e,r. . i cc LI ci • ', t s,...; z ,;:17....„. '-,,1.-:,:::\ 1 it - 1 . 1 . :• al .. .f-.1' i ,..- '1, 1...• .24i : . "...^.1 . .. - g .--....., . 1 3 i .... . - - . - -• L ' \J? 1 1 ,_ I PK: . .i 4 0 S , , 0 I s! •. ..— r- ,—----..---; 1 : , .--- , ; ..1 . ril I ....„. xs v...I is• =:,.. - ... 1 ' , - . _ $ - ----` : —•. . r - i I 1 . , I-—--—7.4 1•. i 2 ; 1 ATTACHMENTS Black Hawk County Assessor Detailed Parcel Report Former Chamberlain Manufacturing Site 550 Esther Street Waterloo, Iowa P. ' . . 1 x: t. �x � �I C iy �2 t . ` 1 '$ 1 7 40 i .• . lip tea/ oc^ I- .., I. ( ` ~ ? • v tei w . �I� ' v „r ill • • -i {, .,• Y , mow' • iiV.A W • . .ram ,i fit , ''- FF 1. 1 .: / C? - ----- —, :111 . , lam, • 1 .. ! I ' - / ' ' : i I . .. H • - .I I • , ,_. ...__ . 3% g a +_ _ 7i 4 :i 41,1 t. ..., 0. N• 4. ` {: 3 • t I • � �r •.1 '• •', •.• i 4 i i L A 'I t • _ J .i.® .f '. ,J i .\\;.\.. i .....ii : ' ' i ' .: '. I ,. I Eke " ,isr-4‘ L ', . 7r). . : .. 14 . : . , 1 , i lift I I H Contract # 806 - Chamberlain Footings and Slabs * Bldg.# Square Footage Floor Depth Bldg.#1 1,822 6 inch Bldg.#2 37,503 6 inch Bldg.#3 10,727 6 inch Bldg.#4 9,728 6 inch Bldg.#5 828 6 inch Bldg.#6 18,516 N.A. Bldg.#7 18,765 6 inch Bldg.#8 12,826 6 inch Bldg. #9 66,677 6 inch Bldg.#10 6,280 6 inch Bldg.#11 4,082 6 inch Bldg.#12 11,200 6 inch Bldg.#13 8,000 6 inch Bldg.#14 48,600 6 inch Bldg.#15 19,440 6 inch Bldg.#16 93,430 6 inch Bldg.#17 11,232 6 inch Bldg.#18 10,896 6 inch Bldg.#19 48,548 6 inch Bldg.#20 5,600 6 inch Bldg.#21 5,640 6 inch Bldg.#22 3,300 6 inch Bldg.#23 12,000 6 inch Bldg.#24 6,000 N.A. subtotal 471,640 Misc. Y-2 PCC Paving 105,000 Y-4 Guard Shack 48 Y-9 Pump Bldg. 160 Y-10 Pump House 968 Y-11 Motor& Pump House 480 Y-13 Storage Bldg. 858 Y-14 Shed 320 Y-15 Shed 100 subtotal 107,934 Total 579,574 Y-6 Railroad wells; 1080 ft. x 4 ft.high x 2 * Source- Black Hawk County Assessor Y-7 Tank Containment;300 ft.x 4 ft. high This is general information. Contractors Y-12 4 Propane tank saddles must make their own calculations for 2 -28 ft. x 27 ft. high 125,000 gallon storage tanks quantities. ACC Paving 178,000 sq.ft. Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891313176002. Y-8_ -D BLDG 24 200 Y-10 Y-7, [9000] 60 60 BLDG 23 [480] CI:E�---Y-7 150- [12000] 171 Y-4 Y-6 [36] BLDG 10 ei 100 140 [6280] j F7 157 Y-11' 80 BLDG 13 80 BLDG 12 40 [8000j (11200) BLDG 11 [658] 26 187 . - -- [4082] 50 300 118 47 80 39 BLDG 3 80 286 123 BLDG 2 3a [f0727)✓ BLDG 8 39 [37503] ✓ 157 70 [18516] BLDG 4 28 65 -` 180 4,26 t 80 [9728] 60 60 47 -� - [18 m1✓ 246'6" CANOPY BIrfl5- ---• 36 24 80 1031 [828] - http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891 3 13 1 76002&... 11/11/2010 Black Hawk County Detailed Parcel Report Page 1 of 9 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-13-176-002 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 13 PDF 13 E WTLO WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 550 ESTHER ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-2099 12/22/2005 12/30/2005 2006 016524 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number ',mount Reason r 3/13/1996600,000 ANY SALE THAT HAS SINCE 3/3/2009 FC 0 Demo/Rmvl BEEN SPLIT OR COMBINED/ 9/12/2008 WA 07654 0 Demo/Rmvl Deed 4/25/2008 WA 01294 0 Demo/Rmvl 4/25/2008 WA 01293 0 Demo/Rmvl ASSESSED VALUES/CREDITS rear `Class 2010 E 100% Land Dwelling Building M!E Total (Acres Value 149,110 0 387,020 0 536,130 0 Taxable Land Dwelling Building M/E Total Value 149,110 0 387,020 0 536,130 Year Class 2009 E 100% Land Dwelling Building M/E Total Acres Value 149,110 0 387,020 0 536,130 0 Taxable Land Dwelling Building M!E Total Value 149,110 0 387,020 0 536,130 `Year Class 2008 E 100% Land Dwelling Building M/E Total Acres Value 149,110 0 584,840 0 733,950 0 Taxable Land Dwelling Building M!E Total Value 149,110 •0 584,840 0 733,950 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 940001 -WATERLOO District _ Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 0 42.76081 .i$0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit _Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 2 of 9 LEGAL LOGAN DALE HEIGHTS A PARCEL OF LAND LOCATED IN PARTS OF BLKS NOS 1, 10, AND 11 LOGAN DALE HEIGHTS, BLKS 10, 11, 15 AND 16 ENTERPRISE PLACE, BLK6 NORTH WATERLOO PLACE, THE SW QTR SEC 13 T 89 R 13 AND VAC STREETS AND ALLEYS DESC AS FOL: BEG AT NW COR LOT 16 BLK 10 SAID LOGAN DALE HEIGHTS TH E ALONG SLY LINE ANITA ST DIST OF 138 FT TH N DIST OF 547.46 FT TO NW COR LOT 1 BLK 1 SAID LOGAN DALE HEIGHTS TH E DIST OF 178.05 FT TO NW COR BLK 10 SAID ENTERPRISE PLACE TH N DIST OF 50 FT TO SW COR BLK 9 SAID ENTERPRISE PLACE TH E ALONG NLY LINE VAC LOUISE ST DIST OF 324 FT TO SW COR BLK 8 SAID ENTERPRISE PLACE TH S DIST OF 50 FT TO NW COR BLK 11 SAID ENTERPRISE PLACE TH E ALONG SLY LINE LOUISE ST DIST OF 99.88 FT TH S DIST OF 191.30 FT TH S 37 DEG 41 MIN 53 SEC E DIST OF 380.80 FT TO SW COR BLK 12 SAID ENTERPRISE PLACE TH S DIST OF 204 FT TO NLY LINE BLK 16 SAID ENTERPRISE PLACE TH S 32 DEG 37 MIN 07 SEC W DIST OF 492.37 FT TH S 14 DEG 45 MIN 05 SEC E DIST OF 239.21 FT TH N 76 DEG 47 MIN 05 SEC W DIST OF 14.81 FT TH S 10 DEG 43 MIN 42 SEC W DIST OF 40 FT TO NLY LINE WLOO RR CO TH WLY ALONG A CURVE CONCAVE SLY AND HAVING A RADIUS OF 1838.82 FT AND LONG CHORD BEARING N 84 DEG 36 MIN 33 SEC W DIST OF 342.55 FT TH W ALONG SAID NLY ROW LINE DIST OF 399.21 FT TO ELY LINE E 4TH ST TH N ALONG ELY LINE E 4TH ST DIST OF 188.92 FT TO NW COR LOT 9 BLK 11 SAID LOGAN DALE HEIGHTS TH E DIST OF 119.54 FT TO NE COR LOT 9 BLK 11 SAID LOGAN DALE HEIGHTS TH S DIST OF 149.89 FT TO SE COR LOT 7 BLK 11 SAID LOGAN DALE HEIGHTS TH E DIST OF 14 FT TO SW COR LOT 6 BLK 11 SAID LOGAN DALE HEIGHTS TH N DIST OF 359.80 FT TO SW COR LOT 8 BLK 10 SAID LOGAN DALE HEIGHTS TH W DIST OF 14 FT TO SE COR LOT 9 BLK 10 SAID LOGAN DALE HEIGHTS TH TH N ALONG ELY LINE LOT NOS 9 AND 10 BLK 10 SAID LOGAN DALE HEIGHTS DIST OF 65.03 FT TH W DIST OF 121.40 FT TO ELY LINE E 4TH ST TH N ALONG ELY LINE E 4TH STA DIST OF 335.28 FT TO PT OF BEG AND ALSO LOT 12 BLK 11 SAID LOGAN DALE HEIGHTS EXC LOT 9 BLK 11 IN LOGAN DALE HEIGHTS LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Acres x 993168 22.8 Rate Totals: 993168 -22.8 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built _Area Stories Office-General BLDG 1 1943 1822 1 Style Brick!BIk- Frame Additional Base Square Feet 1,822 Information Basement Square Feet 0 GBA Square Feet 1822 Adjustment Item Quantity Sprinkler-exposed wet 1822 Extras Description Item Count Extended Description Canopy 1 63 SF, Frame, Average Pricing Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall Brick on Block- LF: 0 Exterior Wail Sofid Brick-8" LF: 256 Exterior Wall Structural Glass LF: 18 Interior Wall Drywall or Equiv LF: 0 Verticals& Wall Facing Incl.w/Walls SF: 0 Horizontals Windows Incl.w/ Base LF: 0 Fronts/Doors Incl. w/ Base LF: 0 Roof Tar and Gravel/Wood Dk SF: 1822 Ceiling Suspended BIk-Fiber SF: 1822 Struct. Floor R'Concrete SF: 1822 Floor Cover Quarry Tile SF: 1822 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 3 of 9 Floor Cover Carpet SF: 0 Partitions Incl. w/Base SF: 1822 Framing Wood-Average SF: 1822 Framing Steel -Average SF: 0 Sprinkler Exposed Wet SF: 1822 HVAC Combination FHA-AC SF: 1822 Lighting Recessed Fluorescent SF: 1822 Type Description Year Built Area Stories Manufacturing BLDG 2 1938 37503 1 Style C'Blk- Frame Additional Base Square Feet 37,503 Information Basement Square Feet 0 GBA Square Feet 37503 Item Quantity Lavatory 9 Plumbing Water Closet 9 Sink-Service (Porce) 1 Sink-Kitchen 2 litem 1Quantity AdjustmentSprinkler-exposed wet 37503 Office-internal 11061 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'BIk or Tile- LF: 263 Exterior Wall C'Blk or Tile - LF: 300 Exterior Wall C'Blk or Tile - LF: 60 Windows Comm. Steel Sash LF: 0 Roof Rubber Membrane/Wood SF: 37503 Struct. Floor 6" R'Concrete SF: 37503 Verticals& Partitions Incl. w/Base SF: 37503 Horizontals Framing Wood -Average SF: 37503 Framing Steel-Average SF: 0 Interior Wall Panel-Softwood LF: 0 Fronts/Doors Incl. w/Base LF: 0 Sprinkler Exposed Wet SF: 37503 Lighting Halide SF: 37503 Lighting Recessed Fluorescent SF: 0 HVAC Steam- (1 Pipe) SF: 37503 HVAC Combination FHA-AC SF: 0 Type Description Year Built Area Stories Office -General BLDG 3 1938 10727 2 Style Brick/Blk-Frame Additional Base Square Feet 10,727 Information Basement Square Feet 0 GBA Square Feet 21454 Item Quantity Water Closet 19 Lavatory 8 Plumbing Urinal-Floor 7 Sink-Kitchen ,2 36" Circ. Wash-SStl http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 4 of 9 Empty 1 Stall Shower or Tub 2 Column Showers 9 Adjustment Sprinkler Quantity Sprinkler-exposed wet 21454 Description _Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'BIk or Tile- LF: 0 Exterior Wall Brick on Block- LF: 0 Interior Wall Drywall or Equiv LF: 0 Interior Wall Panel -Softwood LF: 0 Wall Facing Incl.w/Walls SF: 0 Windows Comm. Steel Sash LF: 0 Fronts/Doors Incl. w/Base LF: 0 Verticals& Roof Rubber Membrane/Wood SF: 10727 Horizontals Ceiling Suspended Blk-Fiber -SF: 10727 Struct. Floor 6" R'Concrete SF: 10727 Floor Cover Asphalt Tile SF: 10727 Partitions Incl. w/Base SF: 10727 Framing Wood -Average SF: 10727 Floor Cover Quarry Tile SF: 0 Floor Cover Carpet SF: 0 Sprinkler Exposed Wet SF: 21454 HVAC Combination FHA-AC SF: 10727 Lighting Recessed Fluorescent SF: 10727 Type Description 'Year Built Area Stories Manufacturing BLDG 4 1948 9728 1 Style C'BIk- Frame Additional Base Square Feet 9,728 Information Basement Square Feet 0 GBA Square Feet 9728 Item Quantity Plumbing Rough Plumbing 1 Adjustment Item Quantity Sprinkler-exposed wet 9728 Description Size Ftr&Fdtn Reinforced Concrete LF: 0 Exterior Wall C'Blk or Tile- LF: 0 Interior Wall Unfinished LF: 0 Wall Facing Incl. w/Walls SF: 0 Verticals& Roof Rubber Membrane/Wood SF: 9712 Horizontals Struct. Floor Concrete SF: 9712 Partitions Incl. w/Base SF: 9712 Framing Steel-Average SF: 9712 Sprinkler Exposed Wet SF: 9728 HVAC Steam- (1 Pipe) SF: 9728 Lighting Halide SF: 9728 Type Description Year Built Area Stories Manufacturing BLDG 5 1950 828 1 Style C'BIk- Frame Additional Base Square Feet 828 http://www2.co.bl ack-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 1 1/11/2010 Black Hawk County Detailed Parcel Report Page 5 of 9 Information Basement Square Feet 0 GBA Square Feet 828 Adjustment Item Quantity Sprinkler-exposed wet 828 Description Size Ftr& Fdtn Reinforced Concrete LE: 0 Exterior Wall C'Blk or Tile- LF: 86 Interior Wall Unfinished LF: 0 Verticals& Roof 4-Ply Compo/Stl Bar Joist SF: 828 Horizontals Struct. Floor R'Concrete SF: 828 Framing Steel-Average SF: 828 Sprinkler Exposed Wet SF: 828 HVAC Steam -(1 Pipe) SF: 828 Lighting Incandescent SF: 828 Type Description Year Built Area !Stories Manufacturin�q BLDG 6 1967 18516 11 Style C'BIk - Frame Additional Base Square Feet 18,516 Information Basement Square Feet 0 GBA Square Feet 18516 Item Quantity Lavatory 7 Plumbing Water Closet 8 Urinal- Floor 4 Sink-Kitchen 2 Adjustment Item Quantity Sprinkler-exposed wet 18516 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'Blk or Tile- LF: 0 Exterior Wall C'Blk or Tile- LF: 0 Interior Wall Drywall or Equiv LF: 0 Interior Wall Panel - Softwood LF: 0 Wall Facing Incl. w/Walls SF: 0 Roof Rubber Membrane/Wood SF: 18516 Roof 4-Ply Compo/Stl Bar Joist SF: 0 Struct. Floor R'Concrete SF: 18516 Verticals& Partitions Incl. w/ Base SF: 18516 Horizontals Framing Wood-Average SF: 18516 Framing Steel -Average SF: 0 Sprinkler Exposed Wet SF: 18516 Floor Cover Asphalt Tile SF: 18516 Floor Cover Ceramic SF: 0 Floor Cover Carpet SF: 0 HVAC Combination FHA-AC SF: 11200 HVAC Central AC SF: 7316 HVAC Hot Water SF: 7316 Lighting Halide SF: 18516 Lighting Strip Fluorescent SF: 0 r IType Description Year Built Area Stories Manufacturing BLDG 10 1946 6280 2 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 6 of 9 Style C'Blk- Frame Additional Base Square Feet 6,280 Information Basement Square Feet 0 GBA Square Feet 12560 Item Quantity Plumbing Lavatory 2 Water Closet 3 Urinal- Floor AdjustmenPItem Quantity Sprinkler-exposed wet 12560 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'Blk or Tile- LF: 0 Exterior Wall C'Blk or Tile- LF: 0 Windows Comm. Steel Sash LF: 0 Roof 4-Ply Cornpo/Stl Bar Joist SF: 6280 Verticals& Roof Rubber Membrane/Stl SF: 0 Horizontals Framing Steel -Average SF: 6280 Struct. Floor 6" R'Concrete SF: 6280 Partitions Incl. w/ Base SF: 6280 Fronts/Doors Incl. w/Base LF: 0 Sprinkler Exposed Wet SF: 12560 Lighting Strip Fluorescent SF: 6280 HVAC Steam-(1 Pipe) SF: 6280 Type Description Year Built Area Stories Office -General BLDG 11 1951 4082 1 Style C'Blk-Frame Additional Base Square Feet 4,082 Information Basement Square Feet 0 GBA Square Feet 4082 Item �Quanti Plumbing Rough Plumbing 1 ty Adjustment Sprinkler Quantity Sprinkler-exposed wet r4082 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wail C'Blk or Tile- LF: 0 Interior Wall Drywall or Equiv LF: 0 Interior Wall Panel-Softwood LF: 0 Windows Incl.w/ Base LF: 0 Fronts/Doors Incl. w/Base LF: 0 Roof 4-Ply Compo/Wood Deck SF: 4082 Verticals& Ceiling Suspended Bik-Fiber SF: 4082 HorizontalsStruct. Floor 6" R'Concrete SF: 4082 Floor Cover Carpet SF: 4082 Floor Cover Asphalt Tile SF: 0 Floor Cover Quarry Tile SF: 0 Partitions Incl. w/Base SF: 4082 Framing Wood-Average SF: 4082 Sprinkler Exposed Wet SF: 4082 Lighting Recessed Fluorescent SF: 4082 Wall Facing Incl. w/Walls SF: 0 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn-891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 7 of 9 (HVAC Combination FHA-AC 1SF: 4082 Type Description Year Built Area Stories Manufacturing BLDG 12 1951 11200 1 Style C'Blk- Frame Additional Base Square Feet 11,200 Information Basement Square Feet 0 GBA Square Feet 11200 Item Quantity Plumbing Lavatory 2 Urinal - Floor 2 Water Closet 2 Adjustment Sprinkler Quantity Sprinkler-exposed wet 11200 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'BIk or Tile- LF: 0 Interior Wall Panel -Softwood LF: 0 Windows Comm. Steel Sash LF: 0 Roof 4-Ply Compo/Wood Deck SF: 11200 Ceiling Incl. w/ Base SF: 11200 Verticals& Struct. Floor 6" R'Concrete SF: 11200 Horizontals Interior Wall Drywall or Equiv LF: 0 Partitions Incl. w/Base SF: 11200 Framing Wood-Average SF: 11200 Pilasters 8" Brk or Bik LF: 0 Sprinkler Exposed Wet SF: 11200 Lighting Halide SF: 11200 HVAC Central AC SF: 11200 HVAC Steam-(1 Pipe) SF: 0 Type Description Year Built Area Stories Manufacturiu BLDG 13 1985 8000 1 Style C'BIk- Frame Additional Base Square Feet 8,000 Information Basement Square Feet 0 GBA Square Feet 8000 Adjustment Item Quantity Sprinkler-exposed wet 8000 Extras Description Item Count Extended Description Door 1 O.H. Door-Power, 12 Ft Wide, 12 Ft High Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall C'BIk or Tile- LF: 0 Interior Wall Unfinished LF: 0 Pilasters 8" Brk or Blk LF: 0 Verticals& Fronts/Doors Incl. w/Base LF: 0 Horizontals Roof Rubber Membrane/St! SF: 8000 Ceiling Unfinished SF: 8000 Struct. Floor 6" R'Concrete SF: 8000 Framing Steel -Average SF: 8000 Lighting Halide SF: 8000 HVAC Steam - (1 Pipe) SF: 8000 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 8 of 9 !Sprinkler Exposed Wet 1SF: 8000 Type Description Year Built Area [Stories Metal Warehouse-Steel Frame BLDG 23 1967 12000 Width 60 Additional Height 20 information Base Square Feet 12,000 Basement Square Feet 0 GBA Square Feet 12000 Plumbing Item Quantity Sink-Service (force) 1 Item Quantity Adjustment Office- internal 144 Liner-wood (SFSA) 480 Extras Description Item Count Extended Description Door 1 O.H. Door-Manual, 10 Ft Wide, 16 Ft High Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall Mtl/Stl/Insul LF: 0 Interior Wall Liner(See Adl's LF: 480 Windows Comm. Steel Sash LF: 0 Verticals& Fronts/Doors Incl. w/Base LF: 0 Horizontals Roof Metal/Sti/ Insul(51'-79 SF: 12000 Ceiling Unfinished SF: 12000 Struct. Floor 6" R'Concrete SF: 12000 Framing Steel-Average SF: 12000 HVAC Suspended Gas Unit SF: 12000 JLgghting Strip Fluorescent SF: 12000 Type Description Year Built Area Stories Metal Warehouse -Steel Frame BLDG 24 1969 9000 1 Width 60 ,Additional Height 14 Information Base Square Feet 9,000 Basement Square Feet 0 GBA Square Feet 9000 Extras Description Item Count Extended Description Door 1 O.H. Door-Manual, 12 Ft Wide, 14 Ft High Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall Metal/Steel (51 LF: 0 Interior Wall Unfinished LF: 0 Verticals& Windows Comm. Steel Sash LF: 0 Horizontals Fronts/Doors Inc',w/Base LF: 0 Roof Metal/Steel (51'-79'Wid SF: 9000 Struct. Floor 6" R'Concrete SF: 9000 Framing Steel-Average SF: 9000 Lighting Mercury Vapor SF: 9000 YARD EXTRAS Description Year Quantity Plot Extended Description Built No. Paving 1960 1 178,000 SF,Asphalt Parking, Low Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313176002 11/11/2010 Black Hawk County Detailed Parcel Report Page 9 of 9 Paving 1960 1 105,000 SF, Concrete Parking, Low Pricing Fencing -Chain 1960 1 3 Strand Barb, 6 Ft-Hgh, 4,100 LF, 0 LF- Gates MTL GUARD SHACK 6 X 8 1960 1 Quantity=48, Units=Square Feet, Height=8 RAILROAD WELL 16 X 1080 1938 1 Quantity=2,178, Units=Lineal Feet, Height=1 CONC CONTAINMENT WALL 8" 1938 1 Quantity=300, Units=Lineal Feet, Height=4 OIL STORAGE TANKS 28 X 27 "VER 1976 2 Quantity=125,000, Units=Gallons, Height=27 CONC PUMP BLDG 10 X 16 1976 1 Quantity=160, Units=Square Feet, Height=8 MTL/STL PUMP HOUSE 22 X 44 1980 1 Quantity=968, Units=Square Feet, Height=12 MTL/STL MOTOR & PUMP HOUSE 1967 1 Quantity=480, Units=Square Feet, Height=14 20 MTIJSTL STORAGE BLDG 22 X 39 1952 1 Quantity=858, Units=Square Feet, Height=12 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=8913 l 3176002 11/11/2010 CITY OF WATERLOO WATERLOO,IA YARD AND OI TSID REEL DEER. SOUND VAL VALUE Y-1 Asphalt Paving 178,000 S.F.of asphalt paving. Various stages. S231,400 60/60 S37,020 Y-2 Concrete Pavlpg 105,000 S.F.of concrete paving. Various ages. $199,500 60/60 S31,920 Y-3 pence 4,100 L.F.of 6'chain link fence with barbs. Various ages. S27,700 60/60 $4,430 Y-4 Guard House 6'x8'x8'high metal panel guard shack with wood panel interior and wood floor. S1,000 20/50 S400 Y-5 Rnllr>lli Sidinw 1,650 L.F.of railroad siding,average weight,gravel ballast, creosote ties,iron plates,one bumper. Age unknown. S67,000 60/60 510,720 Y-6 Railroad Well 16'wide x 1,080' long x 4'deep railroad well with 2,178 L.F.of 8" reinforced concrete wall below grade.Age unknown. S45,700 60/60 S7,310 Y4 Containment Wail 300 L,F.of 8" reinforced concrete containment wail,4' high.(1976) S6,300 35/60 51,640 54 Y-8 Oil storage Tanks Two 2/'diameter x 27'high vertical steal storage tank',125,000 gallons each.(1976) $87,500 35/60 522,750 Y-9 Fume Building 10'x 16'x 8'high one story concrete block structure_ Reinfbrced concrete foundation and floor. Flat,reinforced concrete roof. (1976+/-) S3,700 35/60 $960 Y-10 Pump Horne 22'x 44'x 12'high one story galvanized metal/steel structure. Reinforced concrete foundation and floor. Insulated interior. Pipe conduit wiring with explosion proof light fixtures. Two suspended gas unit heaters.(1980+/.) 517,800 25/60 56,680 Y-11 20'x 24'x 14'high one story metal/steel structure. Reinforced concrete foundation and floor. Unfinished Interior electric. One pak of wood sliding doors.(1967+/-) $9,500 50/60 $1,900 Y-12 Lkulid Propane Tanks Two 9'diameters 57' long horizontal steel pregame tanks on concrete saddles. 30,000 gallons each. (1952) $54,000 60/60 $8,640 Y-13 Storene Building 22'x 39'x 12'high one story metal/light steal structure. Reinforced concrete floor, Blecaic. Two 10'x 10'overhead doors.(195244-) $13,600 60/10/60 $1,960 55 Y-14 pump Shed 10'x32'x8'high one atory ribbed metal structure. Reinforced concrete floor. (1973+/-) $3,100 40/60 S740 Y-15 Pump Shed 10'x 10'x 8'high one story ribbed metal structure. Reinforced concrete floor. (1973+/) $1,200 40/60 $290 Y-16 Concrete Perms 5,300 S.F.concrete paving.(1980) S10,100 50/60 $2,020 Y-17 Concrete Paving $10.100 50/60 U.020 TOTAL S789,260 S141,400 TOTAL LESS OVERALL ECONOMIC DEPR.35% S91,910 56 ii�fy�l CITY OF wAT RLDD s IOWA ale ii COMMUNITY PLANNING AND DEV E 20PM 6NT Fax(a?s)2s?-a2s2 � 715 ulberry Street Waterloo, [o la 507D3 57$3 ( ) �p NOEL C.ANDERSON,Community Planning&Davcioptnent Derec:'or ` ertoo / .I . (c,"((I - lS 140(0.0(i-, i Council Communication Mayor City Council Meeting: May 29, 2012 s, .,�� BUCK Prepared: May 25, 2012 CLARK Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Set date of hearing for a request by Cedar Valley Tech Works Inc. for a " - 7 acres of la DAVID fort Tech Works Campus redevelopment project, forustrial District site plan amendmen approximately Green lat Tech 2Works Project TONES for the Ward i and the Deere Museum Project. CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLE Ward2 Recommended City Council Action: Set a date of hearing for a site plan amendment HAROLD as described above. GETTY the Ward 3 Summary Statement:At the June 5, 2012 meeting gt of CeCityr of Wy Tech Waterloo l ann ksi Ig, Programming, and Zoning Commission, the nc. QUENTIN- will be reviewed for approval for a site plan amendment to the "M-2,P" Planned Industrial HART District for the redevelopment of the Tech Works Campus (shown) for the Tech 1 building Ward 4 to be renovated for industrial user space, the Tech 2 Building to be renovated for office RON and hotel space, and the Deere building to west to be redeveloped into the Deere WELDER Museum Project. The Tech Works Campus is located between Westfield Avenue and wards West Commercial Street. BOB The "M-2,P " Planned Industrial District requires all new major projects to be approved GREENWOOD for site plan approval through a public hearing process. The attached site plan would At-Large represent continued development of the area, which is located within the Downtown STEVE Waterloo TIF District. The building exterior will be changed for the uses described, while SCHMITT some buildings may be utilizing historic tax credits, so would see less exterior change. At-Large The full site development will include some wind and solar components, which will be addressed more specifically through a process by the Board of Adjustment. Some of the wind towers may be used similarly to light poles for power generation and decoration. Some of the solar panels may be used to cover ground parking, providing energy and shade at times. The overall campus development will definitely have some changes, but the primary building shapes and sizes will remain the same. Staff will continue to review access points (many of which are already built and designated), drainage, landscaping, etc. The "M-2,P" classification requires a public hearing be held for changes of a significant magnitude. The new redevelopment, addition of wind and solar, and change in uses of the buildings qualifies as a major change. Expenditure Required: none CITY WEBSITE: www.ci.Water1Oo.ia.us � WE'RE WORKING FOR YOU ',N“ER.00) An Equal Opportunity/Affirmative Action Employer i l Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA Background Information: The "M-2,P" Planned Industrial District was designed to allow for industrial and complimentary uses on a large scale development. This development would be in conformance with this designation. The "M-2,P" Planned Industrial designation furthermore requires review for the building materials, designs, layouts, to ensure they are compatibly designed with the built environment—working to keep a higher level of aesthetics, buildings, and commercial attractiveness to the business park, as well as coordinating the overall development of a larger area of land for curb cuts, traffic flow, uses, etc. Staff believes this project works to meet all these criteria and objectives of the Zoning Ordinance, and ask for approval of this request. This action will help to continue to bring new development to the area. - � _ f '1 y _ 3e" -' Y K.i<nnr -v�Yk`_2f G.00` .;WX";7., K h _. . • y __i�-�_ Request For Site Plan Amendment in the 1 �� : t M-2, P Planned Heavy Industrial District for the :i development of the Cedar Valley Techworks Campus "{ t h .�.."'T!' . $�'9Ea'}�'K yam` k'-�"- r .. - - 4 1 c ev�. w _ z �"� °, gl ,. _t,•.- .ky -fix_ , >f,,, vn- `.,E. ,7 d�[c$^�v ¢.-. 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I- • e6 Lu F % 4 x CITY OF WATERLOO IOt11 A .14:A1-Alk w �, COMMUNITY PLANNING AND DEVELOPMENT ei :!"Q 715 Mulberry Street • waterloo, Iowa 50703-5733 • (319)291-4366 Fax(319)291-4262 OflOO NOEL C.ANDERSON,Community Planning&Development Director Council Communication � ��t't� i Mayor City Council Meeting: May 29, 2012 t `- BUCK Prepared: May 25, 2012 CLARK Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Set date of hearing for a request by Kal Sundaram for a "B-P" Business DAVID Park District site plan amendment for property generally described as the southwest roNE�. corner of Greyhound Drive and Ridgeway Avenue for the purpose of developing a new Ward;- 4,000 sq. ft. office building. CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLE Wa"d2 Recommended City Council Action: Set a date of hearing for a site plan amendment HAROLD as described above. GETTY Ward . Summary Statement:At the June 5, 2012 meeting of the City of Waterloo Planning, Programming, and Zoning Commission, the request by Kalyana Sundaram will be QUENTIN reviewed for approval for a site plan amendment to the "B-P" Business Park District for HART the construction of a new 4,000 sq. ft. medical office building. This new development WaWard would be built just east of the Mauer Eye Center and Spa along West Ridgeway Avenue, RON at Greyhound Drive. WELTER wards The "B-P" Business Park District requires all new major projects to be approved for site plan approval through a public hearing process. The attached site plan would represent BOB continued development of the area, which is located within the Martin Road TIF District. GREENWOOD The building exterior would be similar to other professional office buildings in the area. At-Large The access to the site would be off of Greyhound Drive, and the development itself STEVE would be built in unison with any floodplain regulations for the site —primarily elevating SCHMITT the structure a minimum of 1' above the 100-year elevation for the area. The plan shows At.Large parking layout, and would have room for any required stormwater detention facilities. The "B-P" classification requires a public hearing be held for changes of a significant magnitude. The new 4,000 sq. ft. office building qualifies as a major change. Expenditure Required: none Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA CITY WEBSITE: wwwci.waterloo.ia.us ) WE'RE WORKING FOR YOU! ,: .� r aT e a`a q An Equal OppertunitylAffiirmative Action Employer Background Information: The "B-P" Business Park District was designed to allow for professional office development, with accompanying retail and commercial services serving such office uses. This development would be in conformance with this designation. The "B-P" Business Park designation furthermore requires review for the building materials, designs, layouts, to ensure they are compatibly designed with the built environment —working to keep a higher level of aesthetics, buildings, and commercial attractiveness to the business park, as well as coordinating the overall development of a larger area of land for curb cuts, traffic flow, uses, etc. Staff believes this project works to meet all these criteria and objectives of the Zoning Ordinance, and ask for approval of this request. This action will help to continue to bring new development to the area. ; __- wo. , -_ Request For Site Plan Amendment in the .: -'�;,_i -z{t"' Y am. :?' _ - -- 3r -,.,- .. ,,_> Business Park District I .;y : _.�. ,, --, _, B-P ar Allow : .r:: for i �= a� a New Medical Office Building r , ��_ -Y" :y'c'v':A<4 `r:'. _s ••y.�- f --. 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Zone AE 100Floodplain = u Year ._,. .-_. = ` = __ . ` -y ,• _ -_ .=...-_- RIDGEWAY DRIVE --- ALIGN Wf(H / DRN'E EASE � ` OF f�tEYNOUNC I \ \ \ \ I \ c jI L I ii -� Q C' PARKING (16) i p \ I Q 1 i z - _ o Y i I I I W MALES , P;; r I . 0 EYE GLINIG ' • 8D-0. 1 L I ATHENS DRIVE ------__________ : K CARDIAC FACILITY -b:\ AVITA DEVELOPMENT 12-300 WATERLOO, IOWA 05/21/2012 " 7:\12-300 Sundarom\Site.dwg Legal Descrition for Dr. Sundaram "B-P" Business Park Site Plan Amendment request W 1/2 NE FRL SEC 6 T 88 R 13 EXC STREET & EXC THAT PART DEEDED TO CITY OF WATERLOO FOR GREYHOUND DR B 552 P 478 & B 552 P 474 ALSO EXC THAT PART PLATTED AS GREENBELT CENTRE PLAT NO 1 ALSO EXC THAT PART PLATTED AS GREENBELT CENTRE PLAT NO 2 ALSO EXC THAT PART PLATTED AS GREENBELT CENTRE PLAT NO 3 E 1/2 NW FRL SEC 6 T 88 R 13 EXC W 440 FT & EXC THAT PART DEEDED TO CITY OF WATERLOO FOR GREYHOUND DR B 552 P 478 & B 552 P 474 ALSO EXC THAT PART COM AT N 1/4 OR OF SEC 6 T 88 R 13 TH S ALONG E LINE OF E 1/2 OF NW FRL 1/4 126.79 FT TO S ROW LINE OF W RIDGEWAY AVE TH N 85 DEG 01 MIN 01 SEC W ALONG S ROW LINE 316.48 FT TH N 89 DEG 44 MIN 36 SEC ALONG S ROW LINE 59.46 FT TO PT OF BEG TH N 89 DEG 44 MIN 36 SEC W ALONG S ROW LINE 60 FT TH S ALONG S ROW LINE 10.02 FT TH N 89 DEG 43 MIN 53 SEC W ALONG S ROW LINE 445.11 FT TO PT 440 FT E OF W LINE OF SAID E 1/2 OF NW FRL 1/4 TH S ON PAR TO &440 FT NORM DISTANT FROM W LINE OF E 1/2 OF NW FRL 1/4 1176.69 FT TH N 89 DEG 52 MIN 05 SEC E 369.28 FT TH N 44 DEG 52 MIN 05 SEC E 298.48 FT TH SELY ON NON TANGENT CURVE CONCAVE NELY WITH RADIUS OF 410 FT AND A LONG CHORD BEARING S 57 DEG 17 MIN 05 SEC E 466.68 FT TH S 89 DEG 53 MIN 34 SEC E 18.55 FT W ROW LINE OF GREYHOUND DR TH N ALONG WEST ROW LINE 60 FT TH N 89 DEG 53 MIN 34 SEC W 18.55 FT TH NWLY ON CURVE CONCAVE NELY WITH RADIUS OF 350 FT& LONG CHORD BEARING N 44 DEG 53 MIN 21 SEC W 549.82 FT TH N 364.92 FT TH S 89 DEG 53 MIN 34 SEC E 368.56 FT TOW ROW LINE OF GREYHOUND DR TH N ALONG W ROW LINE 60 FT TH N 89 DEG 53 MIN 34 SEC W 368.90 FT TH NLY ON CURVE CONCAVE WLY WITH RADIUS OF 430 FT &A LONG CHORD BEARING N 11 DEG 45 MIN 42 SEC W 143.80 FT TH N 21 DEG 20 MIN 32 SEC W 124.45 FT TH NLY ON CURVE CONCAVE ELY WITH RADIUS OF 300 FT& LONG CHORD BEARING N 10 DEG 46 MIN 17 SEC W 110.70 FT TH N 10.97 FT TO PT OF BEG (Page 2 a£ 2) • Exhibit "A" The East One-half of the Northwest Fractional Quarter of Section 6 except the West 440 feet thereof; ,The West One-half of the Northeast Fractional Quarter of Section 6; That part of the East One-half of the Northeast Fractional Quarter of Section 6 lying northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road) except that part thereof conveyed in 538 LD 248; ,That part of the North One-half of the Southeast Quarter of Section 6 lying northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road) except that part thereof described as follows: Beginning at the northwest corner of the Northwest Quarter of said Southeast Quarter; thence east 210 feet along the North line of said Northwest Quarter of the Southeast Quarter; thence south parallel to the West line of said Southeast Quarter 1069.56 feet; thence Southeasterly 261.64 feet along a curve concave northeasterly, having a radius of 576.62 feet and a long chord of N12°53'08"W 259.40 feet to a point on the south line of said Northwest Quarter of the Southeast Quarter which is 268.35 feet easterly from the southwest corner of said Northwest Quarter of the Southeast Quarter; thence West 268.35 feet; thence North along the west line of said Southeast Quarter 1322.3.7 feet to the point of beginning; All in Township 88 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, except those parts thereof conveyed to Black Hawk County, Iowa in 119 LD 73 .and to the City of Waterloo, Iowa, in136 LD 913, 549 LD 910, 552 LD 474 and 552 LD 478. Book , Page , File Number 2005-00025456 CITY OF WATERLOO 4--,01/40q tliq Council Communications City Council Meeting: May 29, 2012 Prepared: May 24, 2012 Dept. Head Signature: #of Attachments Subject: CITY CLERK'S OFFICE REMODEL Submitted by: Craig Clark Building Official/Maintenance Administrator Recommend City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, ect. In conjunction with City Clerk's Office Remodel be received, placed on file and approved. that specifications, form of contract, ect. In conjunction with City Clerk's Office Remodel be received and placed on file that"Resolution preliminarily approving specifications, form of contract, ect. In conjunction with the above described project", be adapted. That "Resolution setting date of hearing on specifications, form of contract, ect. And bid opening as June 11 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Summary Statement: Expenditure Required: Source of Funds: 411-22-8800-2152 Background Information: CITY OF WATERLOO , IOWA tore-% CITY CLERK AND FINANCE DEPARTMENT 77) 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer °10,3373Mayor BUCK June 8, 2012 CLARK COUNCIL MEMBERS TO WHOM IT MAY CONCERN: DAVM The City of Waterloo, Iowa is seeking bids on parking JONES cashier services for the West Fifth Street/Convention WardI Center ramp in downtown Waterloo. Please refer to the enclosed bid proposal document for the scope of CAROLYN services. Bids are due in the City Clerk' s office by COLE 12 : 00 p.m. Noon on June 18, 2012 and will be opened at Ward2 5: 30 p.m. on June 18, 2012. HAROLD If you have any questions on the bid document, please GETTY contact my office at 291-4323 . Ward 3 QUENTIN M. HART Sincerely, Ward 4 RON SON Sc� WELPER G 7 Wards Suzy Schares. BOB City Clerk GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BID PROPOSAL PARKING CASHIERS CITY OF WATERLOO, IOWA PREAMBLE The undersigned being a corporation existing under the laws of the State of Iowa; a partnership consisting of the following partners: , or an individual doing business as Being familiar with the Specifications affecting the cost of this commodity, hereby offers to furnish same commodity F.O.B. to the City of Waterloo, exact location to be determined upon acceptance of bid, Waterloo, Iowa 50703. SUBMISSION OF BIDS Sealed bid proposals will be received by the City of Waterloo, Clerk' s Office, 715 Mulberry Street, Waterloo, Iowa 50703, until 12 : 00 Noon on the 18th day of June, 2012 . Any bid submitted after the specified time shall be rejected. SPECIFICATIONS The bidder guarantees to provide exactly the same item as specified upon notification that he/she is the successful bidder, by the issuance of this bid proposal bearing the City Clerk' s signature. (SEE ATTACHED SPECIFICATIONS) GENERAL REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be submitted to the City Clerk' s Office in a sealed envelope clearly marked as follows: "PARKING CASHIERS CITY OF WATERLOO, IOWA. " The name of the business submitting the bid must also be clearly marked on the envelope. All Bids must meet or exceed minimum Specifications as previously defined. Bids that do not meet or exceed the minimum Specifications, as determined by the City, shall be rejected. All Bid Prices, upon submission by bidder, are recognized by the City and Vendor to be irrevocable for the minimum of thirty (30) calendar days from date of Bid Opening. THE BIDDER SHALL STATE THE TERMS AND CONDITIONS OF WARRANTY Standard procedure dictates that the City of Waterloo will accept the lowest responsible bid. However, the bidder understands that the City reserves the right to reject any bid that is either considered not to be responsible or not most advantageous to the City. The City will award the contract to the responsible bidder whose bid meets or exceeds minimum Specifications. The City of Waterloo, Iowa, reserves the right to reject any and all bids. Upon acceptance of the bid, a copy of the Proposal bearing the Mayor' s signature delivered to the undersigned Vendor shall constitute acceptance of the bid and, therefore, be a legal binding Agreement. If applicable, the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrance of which the City at the time of purchase had knowledge. OPENING AND ACCEPTANCE OF BIDS Sealed bids will be opened and read at 5: 30 p.m. on the 18th day of June, 2012 in the Council Chambers, City Hall, and all bidders understand that they may be in attendance at the bid opening. Bids will be acted upon at that time or at a later time which shall then be established. CONTRACTOR SCOPE OF SERVICES CITY OF WATERLOO PARKING CASHIERS 1. GENERAL The contractor shall be responsible for and provide continuous cashier service and attendant staffing to the West 5th Street/Convention Center ramp currently owned and operated by the City of Waterloo. This service shall generally include personnel to attend the booth operations, operate the cash register/computers, take in customer receipts, manage these funds on a daily basis, reconcile balances on a shift to shift and daily basis, answer or redirect public inquires to the proper party, report malfunctions and monitor security. 2 . HOURS OF OPERATION Single attendants shall be stationed at the following cashier booths on the days indicated: a) West 5th Street/Convention Center Ramp - Between 2 : 30 p.m. and 6: 30 p.m. , 5 days a week (excluding Saturdays and Sundays) (1040 hrs . per year) . (This is to be considered the base for bidding purposes. Some variation from actual may exist. ) No staffing is required on the following holidays: New Year' s Day, Easter, Memorial Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day, Day before or after Christmas. The City reserves the right to increase or decrease the number of days or hours per day not to exceed 15 percent. The parking ramp does, on occasion, have special scheduling needs for special events such as downtown parades, celebrations, etc. These events may require special duties such as free parking access or scheduling of a second cashier booth in the West Ramp past the normal 10: 00 p.m. closing time. The Contractor will be required to respond to these needs by calling in help as necessary. Based upon the weekly convention schedule provided by the Civic Center, the City Clerk shall be notified of the additional attendants the Contractor will be hiring to handle convention needs and to keep traffic moving through ticket booth. 3. WORK DAY - FUND RECONCILIATION The booth shall be attended continuously during the hours indicated. Shift length and scheduling shall be determined by the Contractor. The cash drawer shall be reconciled daily and after each shift with the register/computer tape. The oncoming and leaving cashiers shall each sign receipts for a continuous accounting of the cash on hand. Differences shall be made up by the Contractor. The drawers shall be reconciled daily prior to the end of the shift. Drawers shall be reduced at night with operating cash stored in the safe at the West 5th Street/Convention Center Ramp and extra cash placed in a night depository. All funds must be separated by shift. The Contractor shall be responsible for placing the funds in the safe and night depository. At the commencement of the Contract, the Contractor will provide a cash balance for the ramp to serve as a petty cash account. It will be the sole responsibility of the Contractor to account for these funds, as necessary. The City will not be responsible for its safekeeping, except that it may be placed in the safe in the West 5th Street/Convention Center Ramp for overnight storage. 4 . DUTIES a) Open booth and verify register/computer and gate operation and closing booths, as needed, at the end of the day. b) Handle receipts and payments for monthly ramp parking. c) Monitor ramp operation and report malfunctions to City personnel. Some judgment will be necessary; however, mechanical malfunctions or bonafide emergencies should be reported to City personnel. Repair or service personnel will be available from 6: 00 a.m. to 2: 00 p.m. , Monday - Friday, except on Holidays, and at all other times on an emergency basis via a pager. Computer/Register and gate problems are considered an emergency, and should be reported immediately and electricity shut off as well as barricades placed until repairs are made. e) Monitor security from the booth and report suspicious acts to the Police Department and/or parking maintenance personnel. f) Separate tickets for business courtesy parkers to enable monthly billing. g) The Contractor is not responsible for equipment maintenance and repair other than to monitor operations and report problems as outlined above. h) Attendants must be able to perform accurately, including ability to make and count change. i) May also have to turn ticket spitters on or off and other minor duties. 5. FINANCIAL RESPONSIBILITIES The Contractor shall supply to City proof of certificate of insurance naming the City of Waterloo as additional insured, including liability coverage in an amount not less than Five Million ($5, 000, 000) and Worker' s Compensation coverage as required by law. The Contractor shall also carry a Bond payable to the City of Waterloo that will provide not less than $5, 000 coverage for each employee. 6. SUPERVISION The Contractor shall provide a supervisor who shall be accessible to the City at all times of operation. The supervisor may be a working cashier. The Contractor shall also designate an administrative contact who shall be the responsible party for all communication and correspondence. 7 . CONTRACT LENGTH This contract shall be valid for approximately two years, but may be renewed for an additional year at a mutually agreeable price adjustment. Services are to commence on August 1, 2012. The City reserves the right at any time to give notice to the Contractor of its intent to reduce the Contract hours. If this right is exercised, the remaining portion of this Contract will remain in full force and effect until the Contract termination on June 30, 2014 . 8 . MISCELLANEOUS The City will allow the Contractor the use of the two office rooms in the West 5th Street/Convention Center Ramp, including utilities, at no expense to the Contractor. The offices are furnished with a desk, several chairs and a safe. The Contractor will be responsible for providing all office supplies. The City will provide, free of charge, one (1) parking stall for use by the on-duty attendant . PROPOSAL CONTRACT CITY OF WATERLOO CASHIER SERVICES WATERLOO, IOWA The undersigned, being a corporation existing under the laws of the State of Iowa; a partnership consists of the following partners: ; or an individual doing business as: being familiar with the proposal documents and scope affecting the cost of this service, hereby offers to furnish said service to the City of Waterloo, Iowa, as provided in the instructions and general requirements and detailed scope of services . The Contractor guarantees to provide the service as stated below within the time frame set forth in the proposal document after notification that they have been successful and have been forwarded a copy of these documents bearing the Mayor' s signature. PROPOSAL PRICE HOURLY EST. YEARLY TOTAL COST HOURS ANNUAL COST Cashier Services (Per Hour) $ (1100) $ CANCELLATION The successful Contractor understand that the City of Waterloo, Iowa may cancel this agreement within thirty (30) days notice if the City has knowledge that all conditions as stated in this proposal have not been fulfilled. PAYMENT PROCEDURES Payment to the Contractor shall be made on a monthly basis. Payments will be made within fifteen (15) days of the submittal of an invoice for the actual hours provided by the Contractor. The statement should include number of hours being billed and hourly rate. Invoices shall be mailed to: City Clerk' s Office, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . The Contractor having fully read this document hereby acknowledges that this proposal completely reflects the conditions set forth in the proposal documents. Name of Company Date Signature & Title Company Address Telephone Number Attest: Buck Clark, Mayor Date Suzy Schares, City Clerk Date Manpower Temporary Services 3823 University Avenue Waterloo, IA 50701 Kelly Temporary Services 3630 University Avenue Waterloo, IA 50701 Westaff Services 1034 Alabar Avenue Waterloo, IA 50701 City & National Employment 221 E. 4th Street Waterloo, IA 50703 Express Personnel Services 3014 Rownd Street Cedar Falls, IA 50613 Sedona Staffing Services 4600 University Avenue #3 Cedar Falls, IA 50613 City Clerk's Office Remodel June 11, 2012 Bid Tab Estimate: $ Bid Security Required Bidder Bid Security Bid Amount Prairie Construction Services, Inc. 321 West 18th Street 1) 1 9D Waterloo, IA 50702 NOTICE OF PUBLIC HEARING FOR PROPOSED PUBLIC IMPROVEMENTS NOTICE IS HEREBY GIVEN in accordance with the provisions of the Code of Iowa, by City of Waterloo,Waterloo Iowa,that the City of Waterloo proposes a City Clerk's Office Renovation Project in Waterloo, Iowa; that the Work will be issued for a combined General, Mechanical,and Electrical proposal;that proposed plans and specifications,as well as a proposed form of contract, have been adopted therefore by said Board,a copy of said document is now on file and available for inspection at the office of City Building Maintenance Administration, Craig Clark,Building Official, City Hall,715 Mulberry Street,Waterloo, Iowa;that a public hearing will be held as by Law at Waterloo City Hall Council Chambers at 5:30 p.m.,June 11, 2012,at which time and place any and all interested persons may appear and file objections to said Proposed Plans,Specifications, Contract Form,or cost of such improvements. DATED AT , IOWA,this day of ,2012 OWNER'S NAME Administrator or Director name NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN that sealed proposals will be received at City Clerk's Office,Waterloo City Hall,715 Mulberry Street,Waterloo, Iowa until 4:00 p.m.,June 11,2012,for the proposed City Clerk's Office Renovation for City of Waterloo, Waterloo, Iowa,as described herein and in the plans and specifications which will be on file in the office Building Official Maintenance Administration, City Hall, 715 Mulberry Street,Waterloo, Iowa, Craig Clark, Building Official,Waterloo, Iowa. Bids will be opened and read aloud at5:30 P.M June 11, 2012, at Council Chambers at Waterloo City Hall,715 Mulberry Street,Waterloo. Iowa. A single proposal is requested for General, Mechanical, and Electrical Construction Work City Clerk's Office Renovation includes the following Work: Renovation to the existing City Clerk's office in Waterloo, Iowa. The intention is to award and authorize preparation of contracts for work to be performed as soon as possible. All bids shall be made on the printed form attached to and made a part of the proposed Contract Documents. The Contract Documents may be examined at the office of Craig Clark, Building Official Maintenance Administration,City of Waterloo,715 Mulberry Street,Waterloo, Iowa or the office of INVISION Architecture, 501 Sycamore Street Suite#101,Waterloo, Iowa. Each bidder must deposit with his bid,security in an amount not less than 5%of the bid, plus additive alternates,by certified check,bank cashier's check or bid bond. Bid bond shall be the current AIA form. Certified check, bank cashier's check or bid bond shall be made payable to City of Waterloo. No bidder may withdraw his bid for at least thirty(30)days after the scheduled closing time for the receipt of bids. The right to reject any or all proposals and to waive any irregularities is reserved by the City of Waterloo By virtue of Statutory Authority,the bidder shall give preference to Iowa Domestic Labor and products produced within the State of Iowa according to the provisions of the 1991 Code of Iowa. DATED AT Waterloo IOWA,this day of ,2012. OWNER'S NAME Administrator or Director name MARIA ARMSTRONG From: CRAIG CLARK Sent: Thursday, May 24, 2012 11:58 AM To: MARIA ARMSTRONG Subject: FW: City Hall Clerk's Office Hi Maria Dose this go to you? Craig Clark Building Official/ Maintenance Admin. City of Waterloo 715 Mulberry St Waterloo, IA 50703 319-291-4319 craig.clark a(�,waterloo-ia.orq From: Joshua Demmer [mailto:joshd@invisionarch.com] Sent: Tuesday, May 22, 2012 12:35 PM To: CRAIG CLARK Subject: FW: City Hall Clerk's Office Craig, Attached is the Public Hearing Forma and Advertisement to Bidders. Please see notes below regarding the date and name. Thanks, Joshua Demmer, AIA, LEED AP INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.5496 -cell invisionarch.com INVISION is committed to sustainability;please consider the environment before printing this email. From: Lynor Koch Sent Tuesday, May 22, 2012 12:31 PM To: Joshua Demmer Subject: RE: City Hall Clerk's Office Here is the Public Hearing Form and Advertisement to Bidders. The owner will need to fill in the date and the name of the person issuing the notice. Let me know if anything else needs addressed. Lynor D Koch, CDFA 5/24/2012 Director INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.8419 cell invisionarch.com l INVISION is committed to sustainability; please consider the environment before printing this email. From: Joshua Demmer Sent: Tuesday, May 22, 2012 12:21 PM To: Lynor Koch Subject: RE: City Hall Clerk's Office Yes, that is correct. Joshua Demmer,AIA, LEED AP INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.5496 -cell invisionarch.com INVISION is committed to sustainability; please consider the environment before printing this email. From: Lynor Koch Sent: Tuesday, May 22, 2012 12:14 PM To: Joshua Demmer Subject: RE: City Hall Clerk's Office So the Public Hearing and bid opening is happening on the same day, correct? Lynor D Koch, CDFA Director INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.8419 cell invisionarch.com INVISION is committed to sustainability;please consider the environment before printing this email. From: Joshua Demmer 5/24/2012 Sent: Tuesday, May 22, 2012 12:14 PM To: Lynor Koch Subject: RE: City Hall Clerk's Office 6/11 at 5:30 p.m. Joshua Demmer,AIA, LEED AP INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.5496 -cell invisionarch.com INVISION is committed to sustainability; please consider the environment before printing this email. From: Lynor Koch Sent: Tuesday, May 22, 2012 12:12 PM To: Joshua Demmer Subject: RE: City Hall Clerk's Office When is the Public Hearing? Lynor D Koch, CDFA Director INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.8419 cell in visionarch.com 1%INVISION is committed to sustainability;please consider the environment before printing this email. From: Joshua Demmer Sent: Tuesday, May 22, 2012 11:49 AM To: Lynor Koch Subject: FW: City Hall Clerk's Office Lynor, You are correct, we prepare the Advertisement to Bidders and they publish it. Is this something April will develop and send to the City? Joshua Demmer,AIA, LEED AP INVISION planning I architecture I interiors Des Moines I Waterloo 5/24/2012 319.233.8419 319.239.5496 -cell invisionarch.com INVISION is committed to sustainability;please consider the environment before printing this email. From: CRAIG CLARK [mailto:CRAIG.CLARKC&WATERLOO-IA.ORG] Sent: Tuesday, May 22, 2012 10:35 AM To: Joshua Demmer Subject: RE: City Hall Clerk's Office Josh I check with the clerks office and that is correct. Craig Clark Building Official/ Maintenance Admin. City of Waterloo 715 Mulberry St Waterloo, IA 50703 319-291-4319 craiq.clark waterloo-ia.orq From: Joshua Demmer (mailto:joshd@invisionarch.com] Sent: Monday, May 21, 2012 3:27 PM To: CRAIG CLARK Subject: City Hall Clerk's Office Craig, My Office Manager tells me that we typically prepare the advertisement to bidders for the City to submit for publication. Is this your understanding as well? Joshua Demmer,AIA, LEED AP INVISION planning I architecture I interiors Des Moines I Waterloo 319.233.8419 319.239.5496 -cell invisionarch.com INVISION is committed to sustainability; please consider the environment before printing this email. 5/24/2012 CITY OF WATERLOO Council Communication City Council Meeting: June 11, 2012 Prepared: June 1, 2012 Signature: Daniel Trelka # of Attachments: SUBJECT: Financial Investigation Task Force Agreement for the Northern District of Iowa Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Adopt a resolution authorizing the Director of Safety Services, Daniel Trelka, to sign the attached Agreement. Summary Statement: This agreement establishes the procedures, responsibilities, and obligations of the task force members, of which the Waterloo Police Department is a participating member. The agreement also establishes a formula for the equitable sharing of assets seized and forfeited as a result of the combined efforts of the task force members. Expenditure Required: No financial contribution is needed by the City of Waterloo. Source of Funds: N/A Policy Issues: N/A Alternative: N/A Background Information: FINANCIAL INVESTIGATION TASK FORCE AGREEMENT NAME AND PURPOSE OF TASK FORCE The name of the task force is the Northern District of Iowa Financial Investigation Task Force. The task force shall have as its primary purpose, the investigation and prosecution of financial crimes. II. MEMBERSHIP IN THE TASK FORCE Any local, state, or federal law enforcement entity willing to actively participate in the task force, as set out herein, will be considered for membership on the task force. II. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures, responsibilities, and obligations of the task force members. The agreement also establishes a formula for the equitable sharing of assets seized and forfeited as a result of the combined efforts of the task force members. III. LIFE OF THIS AGREEMENT This agreement shall become effective as to any law enforcement entity (task force member) on the date an authorized representative of the task force member endorses the agreement, in writing below, and agrees its representative(s) will be bound by the terms of the agreement. The agreement must be renewed annually, or sooner, by a separate written agreement or vote of the task force members. If the agreement is not timely renewed, it will terminate one year from the earliest date a task force member endorsed the agreement, as indicated below. The agreement may be terminated at any time by the written agreement of the United States Attorney and a majority of all members to the agreement. Any individual task force member may withdraw from the agreement at any time by providing written notice of its desire to do so. In the event a task force member withdraws from the agreement, the member shall not be entitled to receive or share in any assets seized, forfeited, or distributed after the date the member withdrew from the agreement. IV. RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES A. Assignment of Personnel Each party to this agreement shall assign at least one person to participate in the affairs of the task force as a representative of the party. The assigned representative(s) of each party shall be expected to dedicate such time as necessary to timely pursue leads, gather intelligence, prepare court documents, including search and seizure warrants, or take other steps to investigate and prosecute matters deemed worthy of pursuit by the task force as a whole. 1 B. Responsibilities of the Parties The United States Attorney's Office shall be responsible for scheduling all meetings of the task force. The United States Attorney's Office shall be responsible for conducting an initial review of Bank Secrecy Act information, including Suspicious Activity Reports (SARs), and circulating that information to the parties in advance of any task force meeting. The United States Attorney's Office shall serve as the primary legal advisor concerning task force affairs and investigations. Each task force member agrees to review intelligence or leads information circulated to task force members. Each task force member agrees to "vet" all assigned leads or leads within their jurisdiction and to provide all relevant information in possession of the task force member to the task force. At least one representative of each task force member shall participate in person, by phone, or by other means in the task force meetings. Any task force member that misses two meetings in a row or otherwise fails to timely perform as outlined in this section will no longer be considered to be a member in "good standing." A task force member not in good standing will not be eligible to share in any assets seized, forfeited, or distributed after the date the member falls out of good standing. A task force member out of"good standing" may regain "good standing" status by attending not less than three consecutive task force meetings and otherwise performing as outlined above. The determination as to whether a task force member is in "good standing" shall be left to the sole discretion of the United States Attorney. C. Legal Obligations of the Task Force Members Each task force member shall be bound by Rule 6(e) of the Federal Rules of Criminal Procedure. (Attachment 1). Each person receiving federal grand jury information shall, prior to receiving such information, be required to sign a statement acknowledging their obligation to keep grand jury information secret as required by law. (Attachment 2). Grand jury information may not be disclosed to any person who has not executed a Rule 6(e) non-disclosure agreement. Each task force member agrees to maintain the confidentiality of Bank Secrecy Act and SAR information as required by law. Each task force member acknowledges it is aware of and agrees to be bound by the limitations imposed upon the use of equitable shared property as established under federal law as set out in the Department of Justice and Department of the Treasury Guides to Equitable Sharing. (Attachments 3 and 4). Each task force member also agrees to comply with the audit requirements of the federal asset forfeiture program and to implement 2 standard accounting procedures and internal controls to track equitably shared monies and tangible property as required by the Equitable Sharing Guides. (See Attachments 3 and 4). Each task force member agrees to execute Equitable Sharing request forms, an Annual Certification Report, and such other documents as may from time to time be necessary to effectuate and document the sharing of assets as contemplated within this agreement. Failure to timely execute such documents could result in the waiver of a task force member's right to otherwise share in forfeited assets. V. EQUITABLE SHARING OF FORFEITED ASSETS It is contemplated that all task force members in good standing will participate in the investigations and prosecutions arising from the ongoing efforts of the task force, as the need arises for their participation. Therefore, the task force members intend that the proceeds of any forfeited assets should be shared with all task force members in good standing, pursuant to the following formula: 1. 20% of the net proceeds of forfeited assets will go to the federal agency administering the forfeiture, as required by law. The "net proceeds" of the forfeiture will be determined after all third party interests have been paid. (The 20% share covers administrative expenses in processing the forfeiture, such as property management, advertising, or other expenses); 2. 30% of the net proceeds of forfeited assets will be paid to the lead agency or agencies responsible for the investigation, seizure, and forfeiture of the assets. This will generally be one agency or department, although more than one agency or department may be considered a "lead agency" in any given case. Where multiple agencies each devote significant time and resources to the same matter, such that each is considered a "lead agency," this share will be distributed as agreed by those agencies. In the event the agencies cannot agree on the distribution of this share, the United States Attorney will have sole authority to decide how to allocate the proceeds from this share between those agencies. 3. The remaining 50% of the net proceeds of all forfeited assets will be equally distributed among the non-federal task force members in good standing as of the date the asset(s) was/were seized. In the event a non-federal task force member was a lead agency in the case or matter, that member will still be entitled to receive any share to which it may have otherwise been entitled pursuant to this provision. 4. If a seizure includes a tangible asset (such as a vehicle or parcel of property) desired by a task force member, the asset may be given to the member in lieu of a financial share of equal or greater value to which the member may have otherwise been entitled by this agreement. However, no such agreement shall be made unless the 3 other task force members have recovered, from other assets seized in the same matter, their equitable share as set out in the formula above. If there are not sufficient financial assets to allocate to the remaining task force members their equitable share as set out above, the tangible asset shall be sold and the proceeds distributed as otherwise provided by this agreement. D. EXCEPTIONS AND REVISIONS Exceptions and revisions may be made to the terms of this agreement upon the written approval of the United States Attorney for the Northern District of Iowa and the agreement of not less than 66% of the remaining task force members. The exceptions or revisions become effective upon the date of any such approval. E. NO PRIVATE RIGHT CREATED This is an internal government agreement between task force members and is not intended to confer any right or benefit to any private individual or party. The following authorized representatives of the designated law enforcement entities, agree on behalf of their respective law enforcement entity that such entity and its assigned task force representative(s) will abide by the terms of the task force agreement set out above. Stephanie M. Rose Date United States Attorney Northern District of Iowa Cedar Rapids, Iowa Stephen Boyd Date Special Agent in Charge Internal Revenue Service, Criminal Investigation St. Louis Field Office Weysun Dunn Date Special Agent in Charge Federal Bureau of Investigation Omaha 4 Date Special Agent in Charge Homeland Security Investigations Immigration and Customs Enforcement Date Special Agent in Charge DEA Date Special Agent in Charge ATF Date Sheriff Linn County, Iowa Date Chief of Police Cedar Rapids, Iowa Date Chief of Police Marion, Iowa Date Chief of Police Dubuque, Iowa Date Chief of Police Waterloo, Iowa 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA In the Matter of the Investigation of by the Grand Jury CERTIFICATION PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 6(e) I hereby certify that I have been fully advised and understand the restrictions of the Grand Jury secrecy requirements imposed by Rule 6 of the Federal Rules of Criminal Procedure. Any and all matters occurring before the Grand Jury are secret and cannot be disclosed and knowing violations of Rule 6 may be punished as a contempt of court. NAME (Please print or type) TITLE AGENCY SIGNATURE DATE: sr a st, y Rule 5.1 RULES OF CRIMINAL PROCEDURE , tending the coverage of Rule 26.2 rested heavily upon the the change in the rule will provide greater judicial economy compelling need for accurate information affecting.a witness' and that it is entirely appropriate to seek this change to the credibility. That need, the Committee believes, extends to a rule through the Rules Enabling Act procedures. See 28 preliminary examination under this rule where both the pros- U.S.C. § 2072(b). Under those procedures,approval by Con- ecution and the defense have high interests at stake. • • • gress of this rule change would supersede the parallel provil A witness' statement must be produced only after the signs in 18 U.S.C.§ 3060.. witness has personally testified. Rule 5.1(e),addressing the issue of probable cause,contains ii 2002 Amendments the language currently located in Rule 5.1(a),with the exeep- tion of the sentence, "The finding of probable cause may be The language of Rule 5.1 has been amended as part of the based upon hearsay evidence in whole or in part." That general restyling of the Criminal Rules to make them more language was included in the original of the rule promulgation easily understood and t0 make style and terminology consis- in 1972.Similar language was added to Rule 4 in 1974.In the tent throughout the rules.These changes are intended to be Committee Note on the 1974 amendment,the Advisory Corn- stylistic,except as noted below. . mittee explained that the language was included to make it First, the title of the rule has been changed.Although the clear that a finding of probable cause may be based upon underlying statute,18 U.S.C.§ 3060,uses the phrase prelimi- hearsay,noting that there had been some uncertainty in the nary examination, the Committee believes that the phrase federal system about the propriety of relying upon,hearsay at preliminary hearing is more accurate.'What happens at this the preliminary hearing. See Advisory Committee Note to proceeding is more than just an examination; it includes an Rule 6.1 (citing cases and commentary). Federal law is now evidentiary hearing,argument,and a judicial ruling. Further, clear on that proposition.Thus,the Committee believed that the phrase preliminary hearing predominates in actual usage. the reference to hearsay was no longer necessary. Further, Rule 5.1(a)is composed of the first sentence of the second the Committee believed that the matter was best addressed in paragraph of current Rule 5(c). Rule 5.I(b) addresses the Rule 1101(d)(3),Federal Rules of Evidence.That rule explicit- ability of a defendant to elect where a preliminary hearing 1Y states that the Federal Rules of Evidence do not apply'to will be held.That provision is taken from current Rule 40(a). "preliminary examinations in criminal cases, ... issuance of warrants for arrest, criminal summonses, and crarch war- Rule 5.1(c) and (d) include material currently located in rants."The Advisory Committee Note accompanying that rule Rule 5(c): scheduling and extending'the time limits for the recognizes that:"The nature of the proceedings makes appli hearing. The 'Committee is aware that in most districts, cation of the formal rules of evidence inappropriate and magistrate judges perform these functions.That point is also „ reflected in the definition of"court" in Rule 1(b), which in impracticable. The Committee did not intend to make any turn recognizes that magistrate judges may be authorized to substantive changes in practice by deleting the reference to ant hearsay evidence. Rule 5.1(d) contains a significant change in practice. The Rule 5.1(f),which daalq with the discharge of a defendant, revised rule includes language that expands the authority of a consists of former Rule 5.1(b). United States magistrate judge to grant a continuance for a Rule 5.1(g)is a revised version of the material in current preliminary hearing conducted wider the rule.Currently,the Rule 5.1(c). Instead of including detailed information'in the rule authorizes a magistrate judge to grant a continuance only rule itself concerning records of preliminary hearings, the in those cases in which the defendant has consented to the Committee opted simply to direct the reader to the applicable continuance. If the defendant does not consent, then the Judicial Conference regulations governing records.The Corn- government must present the matter to a district judge, mittee did not intend to make'any substantive changes-in the usually on the same day.The proposed amendment conflicts way in which those records are currently made available. with 18 U.S.C. § 3060,which tracks the original language of Finally,although the rile speaks in terms of initial appear- the rule and permits only district judges to grant continua ances being conducted before a magistrate judge, Rule 1(c) arises when the defendant objects. The Committee believes makes clear that a district judge may perform any function in that this restriction is an anomaly and that it can lead to these rules that a magistrate judge may perform. ' needless consumption of judicial and other resources. Magis- trate judges are routinely required to make probable cause 2009 Amendments determinations and other difficult decisions regarding the ' • defendant's liberty interests, reflecting that the magistrate . The times set in the former rule at 10 or 20 days have been judge's role has developed toward a higher level of responsi- revised to 14 or 21 days. See the Committee Note to Rule 1• bility for preindietment matters.The Committee believes that 45(a). III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION - RUIe 6. The Grand Jury legally qualified persons,be summoned to meet this (a) Summoning a Grand Jury. requirement. -. (1) In General, When the public interest so re- (2) Alternate Jurors. When a grand jury is se- lected, the court may also select alternate jurors.. quires,the court must order that one or more grand Alternate jurors must have the same qualifications juries be summoned. A grand jury must have 16 to . and be selected in'the same manner as any other 23 members, and the court must order that enough juror. Alternate jurors replace jurors in the same Complete Annotation Materials, see 71tue 18 U.S.CA. 42 .7771,7.7... - :.- I. INDICTMENT AND INFORMATION Rule 6 I sequence in:which the alternates were selected. An (A) No obligation of secrecy may be imposed on alternate juror who replaces a juror is subject to the any "person except in :accordance with Rule same challenges, takes the same oath,and has the 6(e)(2)(B). same authority as the other jurors. (B) Unless these rules provide otherwise, the (b) Objection to the Grand Jury or to a Grand following persons must not disclose a matter oc- Juror. curring before the grand jury: (i) a grand juror; (1) Challenges. Either the government or a de- (ii) an interpreter; fendant may challenge the grand jury on the ground (iii) a court reporter; that it was not lawfully drawn,summoned,or select- (iv) an operator of a recording device; ed, and may challenge an individual:juror on the (v) a person who transcribes recorded testi- ground that the juror is not legally qualified. . mony; (vi) an attorney for the government;or (2) Motion to Dismiss an Indictment. A party (vii) a person to whom disclosure is made may move to dismiss-the indictment based on an objection to theunder Rule 6(e)(3)(A)(n)or(iii). grand jury or on an. individual juror's lack of legal qualification, unless the court (3) Exceptions. (A) Disclosure of a grand-jury matter—other has previously ruled on the same objection under than the and s deliberations or anyand Rule 6(b)(1). The motion to dismiss'is governed by l grand 28 U.S.C.§ 1867(e). The court must not dismiss the juror's vote---may be made to: indictment on the ground that a'grand jurbr was not (i) an attorney for the government for use in legally ualified if the record shows that at least 12 performing that attorney's duty; g y q• (ii) any government personnel—including qualified jurors concurred in the indictment. those of a state, state.subdivision, Indian tribe, (c) Foreperson and Deputy Foreperson.The court or foreign government—that an,attorney for the will appoint one juror as the foreperson and another as government considers necessary to assist in per- the deputy foreperson.In the foreperson's absence,the forming that attorney's duty to enforce federal deputy foreperson will act as the foreperson. The criminal law;or foreperson may administer oaths and affirmations and (iii) a person authorized by 18 U.S.C. § 3322. will sign all indictments. The foreperson—or another •(B) A person to whom information is disclosed juror designated by the foreperson—will record the under Rule 6(e)(3)(A)(ii) may use that information number of jurors concurring in every indictment and only to assist an attorney for the government in will file the record with the clerk, but the record may performing that attorney's duty to enforce federal not be made public unless the court so orders. criminal, law. An attorney for the government (d) Who May Be Present must promptly provide the court that impaneled the grand jury with the names of all persons to (1) While the Grand Jury Is in Session. The whom a disclosure has been made,and must certi- following persons may be present while the grand fy that the attorney has advised those persons of jury is in session: attorneys for the government, the their obligation of secrecy under this rule; witness being questioned, interpreters when needed, (C) An attorney for the government may dis- and a court reporter or an operator of a recording close any grand-jury matter to another federal device. ' grand jury. (2) During Deliberations and Voting.No person (D) An attorney for the government may dis- • other than the jurors,and any interpreter needed to close any grand jury matter involving foreign in- assist a hearing-impaired or s speech-impaired telligence, counterintelligence (as defined in o50 n p paired juror, U.S.G. § 401a), or foreign intelligence information may be present while the grand jury is deliberating (an defined in Rule 6(e)(3)(D)(iii)) to any federal or voting. law enforcement,intelligence,protective,immigra- (e) Recording and Disclosing the Proceedings. tion, national defense, or national security official (1) Recording the Proceedings.Except while the to assist the official receiving the information in grand jury is deliberating or voting,_all proceedings the performance of that official's duties. An attor- must be recorded by a court reporter or by a ney for the government may also disclose any Wand-jury matter involving, within the United suitable recording device.But the validity of a prose- cution is not affected by the unintentional failure to States or elsewhere, a threat of attack or other make a recording. Unless the court orders other- grave hostile acts of a foreign power or its agent'a wise, an attorney for the government will retain threat of domestic or. international sabotage or control of the recording, the reporter's notes, and terrorism,or clandestine Intelligence gathering ac- any transcript prepared from those notes. tivities by an intelligence 'service or network of a • foreign power or by its agent, to any appropriate (2) Secrecy federal, state, state subdivision, Indian tribal, or Complete Annotation Materials, see Title 18 U.S.C.A. 43 Rule 6 RULES OF CRIMINAL PROCEDURE foreign government official, for the purpose of as long as the disclosure is to an appropriate preventing or responding to such threat or activi- ' statei'state-subdivision, Indian tribal, or foreign 1 ties. government official for the purpose of enforcing (i) Any official who receives information un- that law;or der Rule 6(e)(3)(D) may use the information (v) at the request of the government if it only as necessary in the conduct of that person's shows that the matter may disclose a violation official duties subject to any limitations on the of military criminal law under the Uniform Code unauthorized disclosure of such information. of Military Justice, as long as the disclosure is Any state, state subdivision, Indian tribal, or 1 to an appropriate military official for the pur- foreign government official who receives infor- pose of enforcing that law. • mation under Rule 6(e)(3)(D)may use the infor- (F) A petition to disclose a grand jury matter mation only in a manner consistent with any under Rule 6(e)(3)(E)(i) must be filed in the dis- guidelines issued by the Attorney General and trict where the grand.jury convened. Unless the the Director of National Intelligence. hearing is ex Parte—as it may be when the goy- (ii) Within a reasonable time after disclosure .. ernment is the, petitioner—the petitioner must is made under Rule 6(e)(3)(D), an attorney for ;•Serve the petition on, and the court must afford a the government must file, under seal, a notice reasonable opportunity to appear and be heard to: with the court in the district where the grand (i). an attorney for the government; jury convened stating that such information was (ii)`the parties to the judicial proceeding;and disclosed and the departments, agencies, or en- (iii). any other. person whom the court may tities to which the disclosure was made. designate. (ill) As used in Rule 6(e)(3)(D), the term (G`) If the petition to disclose arises out of a "foreign intelligence information"means: judicial proceeding in another district, the peti- (a) information,'whether or not it concerns tioned court must ;transfer the petition to the a United States person, that relates to the other court unless the petitioned court can reason- ability 'of the United States' to protect ably determine whether disclosure is proper. If against— the petitioned court decides to transfer, it must • actual or potential attack or other send to the transferee court the material sought to grave hostile acts of a foreign power or its be disclosed,if feasible,and a written evaluation of agent; the need for continued grand jury secrecy. The • sabotage or international terrorism by transferee court must afford those persons identi- a foreign power or its agent;or fled in Rule 6(e)(3)(F) a reasonable opportunity to • clandestine intelligence activities by an appear and be heard. intelligence service or network of a foreign (4) Sealed Indictment. The magistrate judge to power or by its agent;or whom an indictment is returned may direct that the (b) information,whether or not it concerns indictment be kept secret until the defendant is in a United States person, with respect to a custody or has been released pending trial.The clerk foreign power or foreign territory that relates must then seal the indictment and no person may disclose the indictments existence except as neces- to— sary to issue or execute a warrant or summons. • the national defense or the security of (5) Closed Hearing. Subject to any right to an the United States;or open,hearing in a contempt proceeding,.the court •the conduct of the foreign affairs of the must close any. hearing to.the extent necessary to United States. prevent disclosure of a matter occurring before a (E) The court may authorize disclosure . at a grand jury. , time,in a manner, and subject to any other condi- (6) Sealed Records. orders,and subpoe lions that it directs—of a grand jury matter: Records,proceedings must be kept • (i) preliminarily to or in connection with a nas relating to grand jury]? g under seal to the extent and as long as necessary to judicial proceeding; (ii) at the request of a defendant who shows prevent the unauthorized disclosure of a matter oc- that a ground may exist to dismiss the indict- curing before a grand jury. ' ment because of a matter that occurred before (7) Contempt. A knowing violation of Rule 6, or the grand jury; of any guidelines jointly issued by the Attorney (iii) at the request of the government, when General and the Director of National Intelligence sought by a foreign court or prosecutor for use 'under Rule 6, may be punished as a contempt of in an official criminal investigation; court:' (iv) at the request of the government if it (f) Indictment and Return. A grand jury may shows that the matter may disclose a violation indict only if at least 12 jurors concur. The grand j. of State, Indian tribal, or foreign criminal law, jury—or its foreperson or deputy foreperson=must Complete Annotation Materials, sae Title 18 U.S.C.A. 44 ,ar INDICTMENT AND INFORMATION Rule 6 return the indictment to a magistrate judge in open 3. The rule does not affect or deal with the method of court. To avoid unnecessary cost or delay, the magis- summoning and selecting grand juries. Existing statutes.on trate judge may take the return by video teleconfer- the subjects are not superseded. See 28 U.S.C. former ence from the court where the grand jury sits. If a §§ 411-426[now§§ 1861 to 1870). As these provisions of law complaint or information is pending against the defen- relate to jurors for both criminal and civil cases, it seemed dant and 12 jurors do not concur in the indictment,the best not to deal with this subject. foreperson must promptly and in writing report the Note to Subdivision (b)(1). Challenges to the array and lack of concurrence to the magistrate judge. toindividual jurors, although rarely invoked in connection with the selection of grand juries,are nevertheless permitted (g) Discharging the Grand Jury. A grand jury in the Federal courts and are continued by this rule. United must serve until the court discharges it, but it may States v. Gale, 3 S.Ct. 1, 109 U.S. 65, 69-70, 27 L.Ed. 857; S serve more than 18 months only if the court, having Clawson v. United States,5 S.Ct.949,114 U.S.477,29 L.Ed. 179; Agnew v. United States,17 S.Ct.235,165 U.S.36,44,41 determined that an extension is in the public interest, L.Ed.624. It is not contemplated,however,that defendants extends the grand jury's service. An extension may be held for action of the grand jury shall receive notice of the granted fo>i no more than 6 months, except as other- ;J wise provided by statute. time and place of the impaneling of a grand jury, or that 1 defendants in custody shall be brought to court to attend at (h) Excusing a Juror.At any time, for good cause, the selection of the grand jury. Failure to challenge is not a the court may excuse a juror either temporarily or waiver of any objection. The objection may still be inter permanently, and if permanently, the court may im- posed by motion under Rule 6(b)(2). panel an alternate juror in place of the excused juror. Note to Subdivision (b)(2). .1. The motion provided by this rule takes the place of a plea in abatement,or motion to (i) "Indian Tribe" Defined. "Indian tribe" means quash, Crawley v. United States,24 S.Ct. 731, 194 U.S.461, an Indian tribe recognized by the Secretary of the 469-474,48 L.Ed.1075; United States v.Gale,supra Interior on a list published in the Federal Register 2. The second sentence of the rule is a restatement of 18 under 25 U.S.C. § 479a-1. U.S.C.former§ 554a(Indictments and presentments; objec- (As amended Feb.28, 1966, eff.July 1, 1966; Apr.24, 1972, lion on ground of unqualified juror barred where twelve eff. Oct. 1, 1972; Apr. 26, 1976, eff. Aug. 1, 1976; July 30, qualified jurors concurred; record of number concurring),and 1977, Pub.L. 95-78, § 2(a), 91 $tat. 319; Apr. 30, 1979, eff. introduces no change in existing law. Aug. 1, 1979; Apr.28, 1983,eff.Aug.,1, 1983; Apr.29, 1985, Note to Subdivision (c). 1. This rule generally is aeff. Aug. 1, 1985; Oct. 12, 1984, Pub.L. 98-473, Title II, restatement of existing law, 18 U.S.C. former § 564a and 28 § 215(f),98 Stat.2016; Apr.29,1985,eff.Aug. 1, 1985; Mar. U.S.C. former § 420. Failure of the foreman to sign or 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; endorse the indictment is an irregularity and is not fatal Apr.29,1999,eff.Dec. 1, 1999; Oct.26,2001,Pub.L.107-56, Frisbie v. United States,15 S.Ct.586, 157 U.S. 160, 163-165, Title II, § 203(a), 115 Stat. 278; Apr. 29, 2002; eff. Dec. 1, 39 L.Ed.657. 2002; Nov. 25, 2002, Pub.L. 107-296, Title VIII, § 895, 116 2. The provision for the appointment of a deputy foreman Stat.2256; Dec.17,2004,Pub.L.108-458,Title VI,§ 6501(a), is new. Its purpose is to fa ilitate the transactionof business 118 Stat.3760; Apr'.12,2006,eff.Dec.1,2006; Apr.26,2011, if the foreman is absent. Such a provision is found in the law eff.Dec.1,2011.) of at least one State, N.Y.Code Criminal Procedure,sec.244. ADVISORY COMMITTEE NOTES Note to Subdivision (d). This rule generally continues 1944 Adoption existing law. See 18 U.S.C. former § 556 (Indictments and presentments; defects of form); and 5 U.S.C. § 310[now 28 Note to Subdivision(a). 1. The fast sentence of this rule U.S.C.§ 515(a)j(Conduct of legal proceedings). vests in the court full discretion as to the number of grand Note to Subdivision(e). 1: 'This rule continues the tradi- juries to be summoned and as to the times when they should tional practice of secrecy on the part of members of the grand be convened. This provision supersedes the existing law, jury, except when the court permits a disclosure,Schmidt v. which limits the authority of the court to summon more than United States,6 Cir., 115 F.2d 394; United States v.Amen- one grand jury at the same time. At present two grand can Medical Association,D.C.,26 F.Supp.429; Cf.Atwell v. juries may be convened simultaneously only in a district which United States,4 Cir., 162 F. 97; and see 18 U.S.C. § 554a has a city or borough of at least 800,000 inhabitants,and three (Indictments and presentments; objection on ground of un- grand juries only in the Southern District of New York, 28 qualified juror barred where twelve qualified jurors con- U.S.C.former § 421 (Grand juries; when,how and by whom curred; record of number concurring). Government attor- summoned; length of service). This statute has been con- neys are entitled to disclosure of grand jury proceedings, staved,however,as only limiting the authority of the court to other than the deliberations and the votes of the jurors, summon more than one grand jury for a single place of inasmuch as they may be present in the grand jury room holding court,and as not circumscribing the power to convene during the presentation of evidence. The rule continues this simultaneously several grand juries at different points within ' practice. the same district Morris v. United States, 128 F.2d 912, 2. The rule does not impose any obligation of secrecy on C.C.A.5th; United States v. Perlstein,39 F.Supp.965,D.N.J. witnesses. .The existing practice on this point varies among 2. The provision that the grand jury shall consist of not the districts. The seal of secrecy. on witnesses seems an less than 16 and not more than 23 members continues existing unnecessary hardship and may lead to injustice if a witness is law, 28 U.S.C. former § 419 [now 18 U.S.C. § 3321) (Grand not permitted to make a disclosure to counsel or to an jurors; number when less than required number). associate. Complete Annotation Materials, see Title iB U.S.C.A. 45 �� iso,-... CITY OF WATERLOO , IOWA Ii . m COMMUNITY PLANNING AND DEVELOPMENT �� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 4'Ioo % NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:JUNE 11, 2012 BUCK Prepared: June 6, 2012 CLARK Dept.Head Signature: #of Attachments: (1 COUNCIL MEMBERS SUBJECT: Request by Kugler Construction for an appeal to section 273 of the 2003 DAVID Traffic Code adopted by Ordinance No. 4602 requirement prohibiting vehicles from JONES parking on the city-owned right-of-way, located between the street and property line, located Ward t at the northwest corner of Jefferson Street and W 12'"Street. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action: Approval of the request an appeal to the City HAROLD Code requirement prohibiting vehicles from parking on the city-owned right-of-way. GETTY Ward 3 Summary Statement: Staff recommends that the appeal to the City Code requirement QUENTIN prohibiting vehicles from parking on the city-owned right-of-way located between the street HART and property line, located at the northwest corner of Jefferson Street and W 12'Street be Ward 4 approved for the following reasons: RON 1. The street in question is a low traffic street with other businesses utilizing the right-of- WELPER way for parking vehicles. Ward 5 2. Allowing this parking would appear to encourage infill development of a small size lot that would be difficult to develop due meeting normal parking standards. BOB GREENWOOD 3. There are no public utilities located in the area in question. At-Large 4. This portion of West 12th Street is an 80' right-of-way, allowing sufficient room for STEVE vehicles to park in the area requested,without overhanging the sidewalk or the street. SCHMITT The Planning and Zoning Commission voted 5-0 to approve the request in their June 5, At-Large 2012 meeting subject the condition that any approval would still not approve the blocking of the sidewalk system through the area. The City Engineering Department is opposed to the request. Expenditure Required:None Source of Funds:N/A Policy Issue:Right-of-way Alternative: Do not allow parking within the right-of-way. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! II An Equal Opportunity/Affirmative Action Employer Background Information:City Ordinance 4602 adopted the 2003 Traffic Code, and section 273 of the Traffic Code notes that parking is not permitted in the City right-of-way between the curb and sidewalk.The code goes on to say that businesses wishing to park in the City right-of-way must obtain a permit from the City Council. Previously, similar requests were treated as an appeal to the driveway width appeals in the past and first gone to the Planning and Zoning Commission before being heard by the City Council. Staff would note that there is a potential negative impact to the traffic conditions in the area as allowing parking in the City right-of-way would cause vehicles to back out onto a public road creating a situation where visibility is reduced and cars would temporary block the street. Staff would note that this section of 12th Street is a low traffic street that runs between the Cedar River and Highway 218.Most thru traffic would appear to use 11th street as it continues past both Highway 218 and the Cedar River. Staff would note that there appears to be other businesses that utilize the City right-of-way for parking purposes along West 12th and West 13th Streets, including several that have paved parking area in the right-of-way. Staff would note that allowing parking in the right-of-way on low traffic streets in this area would appear to be a benefit to the development of some of the smaller infill lots located in this area. Many of the lots are smaller in size and also zoned "M-1"which does not allow new residential use. Businesses may be willing to locate on these smaller lots,but have difficulty fitting both their buildings and the required parking onto these lots.Allowing parking in the City right-of-way in the certain situations could be a tool to encourage greater infill development in this area. cc: Noel Anderson,Community Planning&Development Director Path: \\Alomain\waterloo\USERS\Planning\Adam\Council Letters\letter Driveway appeal Kugler Const 6.11.12.doc June 5,2012 REQUEST: Request for an appeal to the City Code requirement prohibiting vehicles from parking on the city-owned right-of-way and an appeal to the driveway policy to allow a 68' wide driveway, located between the street and property line, located at the northwest corner of Jefferson Street and W 12th Street. APPLICANT: Kugler Construction, 1610 Jefferson Street. GENERAL The applicants are requesting to allow parking in the City right-of- DESCRIPTION: way along a lot they own at the corner of Jefferson and 12th Street. IMPACT ON It would appear that the request would not appear to have a NEIGHBORHOOD & negative impact on the area. Other businesses along West 12th and SURROUNDING West 13th Streets appear to utilize parking in the City right-of-way LAND USE: and have for some time. In addition, the applicants are offering to pave the area and follow all Highway 218 Corridor guidelines. VEHICULAR & The proposed request could have a negative impact on traffic in the PEDESTRIAN area. Allowing parking in the right-of-way would appear to create a TRAFFIC situation where cars are forced to back out into the road. The street CONDITIONS: in question would appear to be a low traffic street without much thru- traffic as the street only runs 3 blocks and most thru traffic utilizes 11th Street. RELATIONSHIP TO The 218 Trail runs along Highway 218, one block south of the site in RECREATIONAL question. TRAIL PLAN: ZONING HISTORY Properties in the area are zoned "M-1," Light Industrial District and FOR SITE AND has been since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses include of mix of residences, commercial and industrial uses. DEVELOPMENT This area includes a number of homes which date back to the HISTORY: 1900's as well as commercial and industrial uses which range in construction date, most being build from the 1960's to present. BUFFERS/ No additional screening would be required. SCREENING REQUIRED: DRAINAGE: The applicants have indicated that they will meet all drainage specifications of the Engineering Department. FLOODPLAIN: The property in question is not a special flood hazard area and is considered to be in Zone X, protected by a levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN Lowell Elementary is approximately % mile to the south, on the SPACES/ SCHOOLS: south side of Highway 218. UTILITIES: WATER, SANITARY SEWER, There would appear to be no utility relocation necessary for this request. There are no water or sewer mains in this portion of West 6.5.12 Driveway Appeal—Jefferson and 12th 100 June 5,2012 STORM SEWER, ETC. 12th Street. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial. The site in question is located within the Primary LAND USE PLAN: Growth Area. This would be a positive infill development project. STAFF ANALYSIS — The applicants are requesting an appeal to the City Code ZONING requirement prohibiting vehicles from parking on the city-owned ORDINANCE: right-of-way located between the street and property line, located at the northwest corner of Jefferson Street and W 12th Street. City Ordinance 4602 notes that parking is not permitted in the City right- of-way between the curb and sidewalk. The code goes on to say that businesses wishing to park in the City right-of-way must obtain a permit from the City Council. Previously, similar requests were treated as an appeal to the driveway width appeals in the past and first gone to the Planning and Zoning Commission before being heard by the City Council. City Code does not allow driveways greater than 26' at the sidewalk, and the applicant is requesting to appeal the decision of the City Engineer for a 140' driveway on the lot. Staff would note that there is a potential negative impact to the traffic conditions in the area as allowing parking in the City right-of-way would cause vehicles to back out onto a public road creating a situation where visibility is reduced and cars would temporary block the street. Staff would note that this section of 12th Street is a low traffic street that runs between the Cedar River and Highway 218. Most thru traffic would appear to use 11th street as it continues past both Highway 218 and the Cedar River. Staff would note that there appears to be other businesses that utilize the City right-of-way for parking purposes along West 12th and West 13th Streets, including several that have paved parking area in the right-of-way. Staff would note that allowing parking in the right-of-way on low traffic streets in this area would appear to be a benefit to the development of some of the smaller infill lots located in this area. Many of the lots are smaller in size and also zoned "M-1" which does not allow new residential use. Businesses may be willing to locate on these smaller lots, but have difficulty fitting both their buildings and the required parking onto these lots.Allowing parking in the City right-of-way in the certain situations could be a tool to encourage greater infill development in this area. STAFF ANALYSIS — SUBDIVISION There is no platting required as a part of this request. ORDINANCE: 6.5.12 Driveway Appeal—Jefferson and 12th 101 June 5,2012 STAFF Therefore, staff recommends that the appeal to the City Code RECOMMENDATION: requirement prohibiting vehicles from parking on the city-owned right-of-way located between the street and property line, located at the northwest corner of Jefferson Street and W 12th Street be approved for the following reasons: 1. The street in question is a low traffic street with other businesses utilizing the right-of-way for parking vehicles. 2. Allowing this parking would appear to encourage infill development of a small size lot that would be difficult to develop due meeting normal parking standards. 3. There are no public utilities located in the area in question. 4. This portion of West 12th Street is an 80' right-of-way, allowing sufficient room for vehicles to park in the area requested, without overhanging the sidewalk or the street. Subject to the following condition: 1. Any approval would still not approve the blocking of the sidewalk system through the area. 6.5.12 Driveway Appeal—Jefferson and 12th 102 P '` '` . Appeal to the City Code Requirement Which '' *` • Does Not Allow Parking Vehicles Within City R-O-W. ` m 5fi$'3! 4 f 3� . J Co, R o "tet AN frt,I, ;� 4/..It. i .Y` , ',gam ,S •}, � ' gyp#` - •� - - �`""-" `� • gg��'' �yT� 1 Property Owned by Applicant co‘. ' } {�_, ^fir -..y 4.0 0. -.h.q.. „ , ieffe -' 4 4 f jy 3j• -_ " +ram," -... - :. .C '' .. ' 1 t �} ? �, Area Where Vehicles Are Proposing to Park it 3� {g . . N . •- f... .- '40,,,ia 4--'''. ' '1-,- .,,t -:'''. „p. IF. 00„ •* :,k. °y N'Yw a s; � A : ¢ r - . „ ;,;., ,-7 '• . ."� 7 v 3 "`'a°'' � a � f :%„ tg grW70 35 0 IFeet 103, Afa� gj; 1.Jvl N six- — C .r . .F fa..... .. .. • soh • • • • . N ti y � • . F. S" .s 6 . • . . . ... • c ....... . is . . N n o 1 74 • � . . • fi. Q 1 DI • \, �. - - ' C 1• PA2l�_tNC� .'' V • �t o 4:Ley 104 • Dear Mr.Anderson, We would like to take the opportunity to formally introduce ourselves. Kugler Construction has been in business for almost 9 years.We specialize in building high quality custom built homes.A couple of years r. ago we moved our office to 1610 Jefferson St.and have really enjoyed the area and what it has to offer. Last year we purchased a lot on the corner of 12th St. and Jefferson with plans to construct our own building to accommodate a new office, showroom,and shop.We will use this building not only for our day to day operations, but also to showcase our craftsmanship to our customers that we will bring to the showroom.The property is a little small to allow for the building size that we would like to build and still meet the parking requirements set by the city, as well as locate the parking area to conveniently offer parking to our customers and office personnel. In order to build the building that our operation needs,we would need to park on the city easement between the city side walk and the street.We are aware that the city does not allow this area to be used as parking.The problem for us is that we see all of our future neighbors using this easement for parking. We would like to propose to the city the following: 1. Allow Kugler Construction to park on city easement along 12th St. • 2. Kugler Construction would pave area between sidewalk and street along 12th St. • 3. Kugler Construction would of course follow all 218 corridor guidelines as well as water retainage specifications approved by the city for water on said property. We do understand that the city has rules for a reason and that we might not be able to understand why • the neighbors can park in their easement and we can't.We are hoping that this is something that can be resolved so that we can construct a building to fit our needs.We don't want to even consider trying to find a different location. We just want to do this right and be upfront about it.We are not going to build a building and assume that we can do what the neighbors are doing.We would like to start this project this year but can't move forward until the building size is established.We appreciate your consideration to our proposal. Sincerely, Kugler Construction F 1 • • • 105 Request for an appeal to the City Code Requirement prohibiting vehicles from parking on city-owned right-of-ways ei •� ice..._.. *,=.. I it K ` F— . .ram e - _ , Looking north at corner of Jefferson street Looking north at city-owned right-of-way and W 12th Street located along 12th Street. 1" r ,, a . ok F y IL I"i :. _ /'fit :. s. " ilk o•ulz2 K Looking east of property in question at Looking North along 12th Street. back side of 1401 Jefferson Street and front of 219 W 12th Street along 12th Street. 106 City Co e Request for an appeal to the d Requirement prohibiting vehicles from parking on city-owned right-of--ways r .are . 19 s offe4 imp. . 1‘1 ^ mot -:' �, Looking northwest of property in question, Looking north of property in question, at 1330 at 219 W 12a' Street. Commercial Street. 107 2003 TRAFFIC CODE • i STOPPING, STANDING OR PARKING SEC.271. STOPPING ON TRAVELED WAY. Upon any highway or street,a person shall not stop,park, or leave standing a vehicle, whether attended or unattended: 1. Upon the paved part of the highway when it is practical to stop,park,or leave the vehicle off that pan of the highway,however,a clear and unobstructed width of at least twenty feet of the paved part of the highway opposite the standing vehicle shall be left for the free • passage of other vehicles. As used in this subsection, "paved highway" includes an asphalt • surfaced highway. 2. Upon the main traveled part of a highway other than a paved highway when it is practical to stop,park,or,leave the vehicle off that part of the highway. However,a clear and unobstructed width of that part of the highway opposite the standing vehicle shall be left to allow for the free passage of other vehicles. A clear view of the stopped vehicle shall be available from a distance of two hundred feet in each direction upon the highway. However, school buses may stop in the highway for • • receiving and discharging pupils and all other vehicles shall stop for school buses which are stopped to receive or discharge pupils,as provided in Section 263 of this Code or Iowa Code §321.372(2003). This section does not apply to a vehicle making a turn as provided in Sections 195 and 196 of this Code or Iowa Code§321.311 (2003).This section also does not apply to the stopping or parking of a maintenance vehicle operated by a government authority on the main traveled way of any roadway when necessary to the function being performed and when early warning devices are properly displayed. (Ord.#3857,4/20/92;'99 Rev.) [Ref.Iowa Code§321.354(2003)] SEC.272. AUTHORIZED ENFORCEMENT AGENCIES. The Waterloo Police Department, parking enforcement officers, code enforcement officers,and any other persons authorized by Resolution of the City Council are hereby author- ized as the enforcement agencies for all parking regulations. (Ord.#3591, 10/24/88;'91 Rev.; Ord.#4450,12/11/00) SEC.273. NO PARKING. • Except as herein provided, no person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control devices,in any of the following places: 57 2003 TRAFFIC CODE 1. On a sidewalk,except a bicycle may stop,stand,or park on a sidewalk as long ar the bicycle does not obstruct pedestrian traffic. 2. In front of a public or private driveway. 3. Within an intersection. 4. Within five feet of a fire hydrant. 5. On a crosswalk. • 6. Within ten feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway. 7. Within fifty feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light. 8. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted. • 9. Alongside or opposite any street excavation or obstruction when such stopping. standing,or parking would obstruct traffic. 10. On the roadway side of any vehicle stopped or parked at the edge or curb of street. II. At any place where official signs or curb markings prohibit. 12. Within ten(10)feet of a crosswalk at all intersections within the City of Waterloo, Iowa. 13. Upon any bridge or underpass in the City of Waterloo,Iowa. 14. In any public or private alley of this City in such a manner that ingress or egress of vehicular traffic to or from such alley might be blocked. (Ord.#3539,4/4188) 15. Repealed by Ord.#3539,4/4/88. 16. On that part of any street in the City of Waterloo between the curb line,if there be a curb,and the sidewalk line of the abutting property,nor shall any vehicle be parked on that part of any street not having a curb between the edge of the traveled portion of said street and the sidewalk line of the abutting property,commonly referred to as"the parking"(hereinafter"the Parking"). 58 • • 2003 TRAFFIC CODE • However,where lawfully authorized signs are erected by the City of Waterloo,patrons to any business adjacent to "the parking" are excepted from the prohibition of the foregoing paragraph. Under no circumstances may any work for any patron's vehicle be performed on the the parking,nor shall any vehicle be left on the parking after normal business hours,which shall include but not be limited to any overnight parking of said vehicle. Any other vehicles,including but not limited to those owned or operated by any business adjacent to "the parking" are • prohibited from stopping,standing,or parking any of said vehicles on"the parking". Any business that desires to permit parking on "the parking", shall apply to the City Council for said permit. The City Council shall make its determination as to which business may have said parking based upon the following non-exclusive factors: a. That said parking must be paved in accordance with standards established by the city engineer; b. That there shall be no such parking on arterial streets,which is defined as any area in which the speed limit is over 30 mph; c. That there shall be no parking on, around, or about curves or conflict areas; • d. No part of any vehicle parked shall protrude onto the traveled portion of the roadway and/or the sidewalk. 17. On any street or in any city owned parking lot or ramp in the City of Waterloo for a continuous period of more than 48 hours,except for monthly parking as provided in Sections 311 and 344. The violation of this subsection shall constitute said vehicle a nuisance to be abated as by law provided,or members of the police department may impound such vehicle as • hereinafter provided. For the purpose of the regulations herein provided,any vehicle not moved out of the block during the specified and designated parking periods, shall be deemed to have remained stationary. City of Waterloo personnel in charge of city-owned parking lots and ramps are hereby authorized to have such vehicle towed. (Ord.#3591,10/24/88;'91 Rev.;Ord.#4082,3/13/95) [Ref.Iowa Code§321.358(2003)] SEC.274. METHOD OF PARKING.. • Except where angle parking is permitted and on one-way streets,every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within eighteen inches(18")of the right-hand curb. On one-way streets vehicles may also be parked with the left-hand wheels parallel with and within eighteen inches(18")of the left-hand curb. [Ref.Iowa Code§321.361(2003)] 59 r .., • • ,--... ...' . .• . • . . . • . , _. . , . •" .„. . • . . • .: , . ,. ' ••• .. ' ; - :-: "-,- • . ., . - . .. • • . ' . .• • . . . . •„ • • , . ' • . " . . . .•' . ,. • • t, . . ' ) , . . . : • e . • • '. . . • • • . • . :'tit t••• . • * :t • • • . . • .. . • .• . . . . . . • . . • . 1. , . . , . . . . . . • • • ,. , , .. . . .., • - .... • . .. ,. . . . ....: ' • - ' • - ., . : . . . • • . ... . . . .. •• . . : • - - ., .., . . - , - . • • • . .. . : .. ' Pr- . . . . • ? . . ... ... ► �i� CITY OF WATERLOO , IOWA -40 11111111... ..1"". COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dj�r10o �O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: June 11 2 12 BUCK Prepared: June 5, 2012 CLARK Dept. Head Signature: s # of Attachments: S'a COUNCIL MEMBERS SUBJECT: Request to approve and accept certain temporary easement DAVID contracts to the City of Waterloo for the Logan Avenue Sidewalk Project from JONES Henry and Lorene Wellnitz($102.34), Patrick J. and Michael F. Narey(189.59), Ward 1 Nareys Nineteenth Hole, Inc. ($402.62), William and Donna McDermott CAROLYN ($150.45), Joseph P.Narey ($168.30),Allen Memorial Hospital Corp. (Donated) COLE and HV Waterloo, LLC (Donated), and to approve that the City will be responsible Ward 2 for snow removal along the sidewalk, excluding the portions that abut property HAROLD owned by Allen Hospital and Hy-Vee. GETTY Ward 3 Submitted by: Noel Anderson, Community Planning & Development Director QUENTIN Recommended CityCouncil Action: Approval HART pp Ward 4 Summary Statement: Transmitted herewith is a request by the City of Waterloo to RON accept certain temporary easement contracts in conjunction with the Logan Avenue waras WELR Sidewalk Project,which stretches along the west side of Highway 63 from Donal4 Street, north to Hy-Vee. At this time, staff has received signatures of approval BOB from all of the property owners impacted by the potential project, and once the GREENWOOD City Council grants approval of the temporary easements, the project can start At-Large shortly thereafter. The sidewalk along Highway 63 is greatly needed, as a large STEVE amount of pedestrians from the neighborhoods lying south of Donald Street walk SCHMITT to the grocery store, sometimes walking in the middle of Highway 63. Installation At-Large of the sidewalk would greatly improve pedestrian safety and go along with the City's goal to construct infill sidewalks. The property owners in questions will be compensated the following amounts for the acquisition of right-of-way,permanent easements and temporary easements: • Henry and Lorene Wellnitz $ 102.34 • Patrick J. and Michael F. Narey $ 189.59 • Nareys Nineteenth Hole $ 402.62 • William and Donna McDermott $ 150.45 • Joseph P. Narey $ 168.30 • Allen Memorial Hospital Corp Donated CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer • HV Waterloo, LLC Donated Please see the attached temporary easement contracts, which break down into more detail on what each property owner was compensated for. Also, within the attached temporary easement contracts, wording has been included which noted that the City will be responsible for snow removal along the stretch of sidewalk in question, excluding Allen Hospital and Hy-Vee, as they have the means to clear the walks themselves. Expenditure Required: Source of Funds: Local Option and ADA Funds Policy Issue: Pedestrian Safety Alternative: n/a Background Information: This section of sidewalk is greatly needed to improve pedestrian safety in the Logan Avenue retail area. Legal Description: n/a ta:NA cc: Harold Getty,3id Ward Councilperson Quentin Hart,4`b Ward Councilperson Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Chris Wendland,Legal --file-- v # yy 'r j3 i - +». r 3� .. i r °, ��1" C I0 Sk "" ea !--- - 3. g _ f Ea E` �rb e f' a b M t _,,,,Liy+ d ` 3 YN Hy-Vee . .s. 4s - •. I — g s -- %' %7\ ,.. , i, w ., X. ry a kk ' r T ilip, , 01111, 3 a• r ! : Logan,Plaza , , y bµ .ya t kr Location of Proposed Sidewalk ill ,. i * A F . a } w Donald Street Mg Hob T —c Mly "' aT � „ : ;„a, ' �- ., •V ,}H..xc my `® TM1wm Nes nN�epne»F Y tih ++ -w'$• rt - .T'+k F NrM' \ Ne.m'nry ptlpY dIN GM1�'nn, illi YM G stlMpq'0�H1e rk Ca^h.tlw ..y S �. Eta;,. mak . �01� � $ gi e I:J Mb ","M°w" >� Mlle! 0 75 150 - nthb h. M Mee&L C' WbS N '� l� pm' en. aaee.e 'a Yu ' _ 9bAH»«�e •,.,°.ma.a , ����� Fee. "`1 �►: .�.':. Prepared by Christopher S. Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street,Waterloo,IA, 50703, Attn: Tim Andera EASEMENT AGREEMENT This Easement Agreement(the"Agreement") is entered into as of by and between the City of Waterloo, Iowa ("City") and Henry T. and Lorene J. Wellnitz ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. Grantor shall be compensated $102.34 for use of said Easement. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO. IOWA GRANTOR + -� By: ` Ernest G. Clark, Mayor 4:my T. W •tz Attest: C7W-04•e_j, W Suzy Schares, City Clerk Lorene J. Well 2 STATE OF IOWA ) BLACK HAWK COUNTY ) a Acknowledged before me onJCh0 lZl1 `;by Y vyA ( .1.Q • otary Public — neea;e ai_os�n��w j 0 ,T Co ,mission No.721108 ora STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on' ; iy Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 William W.Castle,PLS,City of Waterloo Engineering Department,715 Mulberry Street,Waterloo,Iowa 50703 Phone:(319)291-4312 N TEMPORARY CONSTRUCTION EASEMENT 0 30 60 ' I EAST 1/4 CORNER 1 INCH=30 FEET SEC.11,T89N,R13W CURRENT I e ry R.O.W.LINE--------......1I a N N 1/2,LOT . Sm AUDITOR BARNES' N89°15'02"E z PLAT NO.1 10,0' N89°15'02°E 38.0' — — I16+83.8 N00°18'47"E / \PLATTED • S 1/2,LOT 5 43.0' / R.O.W.LINE I AUDITOR BARNES' N89°15'02"E / o PLAT NO.1 10.0' r- ; ^ o °a W N002.0' "E to Wm cl w S89°15'02"W 32.0' o R. w 12.74 N44°46'08"E N89°15'02"E� n m u 2 0 11.43' 15.0' o o QCO w a ' �d N21°11'03"W N89°15'02"E \ /1`4=/ y 0 2 I ca 5.0' 19.0' / N N00°18'47"E // // / P.o.B.w1 17.0' —y .,$89°15'02"W 62.0./ _.._ STA • \ \ SB9°15'02"VJ 130.30' S89°40,02"W1 15+83.8 • \ \ P.O.B.N2 \ LOT 4 \\ EASEMENT#2 AUDITOR BARNES' I v e . \ \ PLAT NO.1 I $ `\ 1y89°15'02"E 12.74' Z S21°11'93"E 50' \ r-� I P.O.C. SOUTHEAST CORNER EASEMENT DESCRIPTION: SEC.11,T89N,R13W SEE SHEET 2 OF 2 STA 9+57.7 • • OWNER: NOTES: HENRY T.&LORENE J.WELLNITZ 1.Distances are in US Survey feet and decimals thereof. OLD BR 562 PG 107 2.Beatings end distances shown based on Iowa DOT Right-of-Way Plat nee in the Black Hawk County Recorders Office at CLD Book 580,Page 737 and URD ., I hereby certify that this surveying document was prepared rotated to the bearings from GPS observations of the East line of Section 11, ` Si_b S fYD, and the related survey work was performed by me or under based on the Iowa State Plane Coordinate System,North Zone(HAD 83),as J/° 'P'..' my direct personal supervision and that I am a duly monumented In Black Hawk County,Iowa. i yguisp w, t t licensed Land Surveyor under the laws of the State of Iowa. CASTLE I LEGEND: 19715 P.D.B. Point of Beginning I'•• � Pt William W.Caste,PLS Iowa license No.19715 P.O.C. Point of Commencement /0 W in..„--- My license renewal date Is:December 31,2011 R.O.W. Right of Way Pages or sheets covered by this seal: A Found Section Corner Drawn By:WWC Scale:1"=30' EASEMENT EXHIBIT-2141 LOGAN AVENUE Sheet No. Field Work Date: CITY OF WATERLOO CONTRACT NO.782 9 of 2 Date Drawn:9/14/2011 F.Y.2010 LOGAN AVENUE SIDEWALK — — William W.Castle,PLS,City of Waterloo Engineering Department,715 Mulberry Street,Waterloo,Iowa 50703 Phone:(319)291-4312 TEMPORARY CONSTRUCTION EASEMENT • EASEMENT DESCRIPTION: EASEMENT#1 A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE SOUTH HALF OF LOT 5,AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE NORTH 00'49'58"WEST 626.1 FEET ALONG THE EAST UNE OF SECTION 11;THENCE SOUTH 89'15'02"WEST 40.0 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 5 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE,SAID INTERSECTION BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION THENCE CONTINUING SOUTH 8915U2"WEST 35.0 FEET ALONG THE SOUTH LINE OF SAID LOT 5;THENCE NORTH 00'18'47"EAST 29.0 FEET;THENCE NORTH 89'15'02'EAST 15.0 FEET;THENCE NORTH 00'18'47'EAST 71.0 FEET TO THE NORTH LINE OF THE SOUTH HALF OF LOT 5;THENCE NORTH 00'15'02"EAST 20.0 FEET ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE SOUTH 00'18'47"WEST 100.0 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.06 ACRES(2,436 SQ.FT.) AND EASEMENT#2 A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE SOUTH HALF OF LOT 5,AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE N 00'49'58"WEST 626.1 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 80'15'02'WEST 40.0 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 5 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE CONTINUING SOUTH 89'15'02'WEST 130.30 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;THENCE NORTH 21'11'03"WEST 5.0 FEET;THENCE SOUTH 89'15'02"WEST 12.74 FEET; THENCE SOUTH 21'11'03"EAST 5.0 FEET TO THE SOUTH LINE OF LOT 5;THENCE NORTH 89'15'02"EAST 12.74 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. THE AREA DESCRIBED CONTAINS 0.001 ACRES(60 SQ.FT.). Drawn By:WWC Scale:1"=30' EASEMENT EXHIBIT-2141 LOGAN AVENUE Sheet No. Field Work Date: CITY OF WATERLOO CONTRACT NO.782 Date Drawn:9/14/2011 F.Y.2010 LOGAN AVENUE SIDEWALK 2 of 2 Prepared by Christopher S. Wendland,P.O. Box 596, Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street, Waterloo,IA,50703, Attn: Tim Andera 2133 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the"Agreement") is entered into as of by and between the City of Waterloo, Iowa ("City") and Patrick J. and Michael F. Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. Grantor shall be compensated $189.59 for use of said.Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or II' successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to 2141 Logan Avenue. Grantor gives an unobstructed temporary construction easement as shown on attached Exhibit "A" across the rear portion of their property to allow for the owner and tenants of 2141 Logan Avenue a means of access to their property while their said driveway is under construction. The Easement shall terminate upon City's completion of all Project activities, and the area returned to its previous state of condition before access commenced across the rear yard of the Grantor's property. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the 2 ._ indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts.or omissions of Grantee, its employees, agents or representatives relative to the construction project. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRANTOR By: PCit E'I Ernest G. Clark,Mayor Pat 'ck J. Narey Attest: ., 4'44" `1001 Suzy Schares, City Clerk Michael F. Narey STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on meCrc# '&,D Ja , bym i C{lat/Nqr ey f 41t4ricitc/ Pe,/ ^'"<vm DANIELLE A.CUL,RERT �ct.LcceeP GI, 6,146_7- COMMISSION NO.740(.137 Notary Public my IS ION IXPTIz:S r W T STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa. Notary Public 3 • N TEMPORARY CONSTRUCTION EASEMENT 0 30 60 EAST 1/4 CORNER 1 INCH=30 FEET SEC.11,T89N,R13W SOUTH 1/2,LOT 5LO CURRENT I Own La BARNES' R.O.W.LINE------........1 i vi 8n to • PLAT NO.1 oo c N89°15'02"E z 12.74' NO0°18'47"E N89°15'02"E N89°15'02"E 5.0' Nr. 62.0' / 40.0 Tz +3 Nei S89°15'02"W� ow 27.0' �PLATTED ci ow � �� NOO°18'47"E �89 1502"W R.O.W.LINE 10.0' 20.0' -'° LOT 4 3 Z�� �`'a%° AUDITOR BARNES' o y ; W o _; 21� F PLATNO.1 ov o 03 Z m 0 .r.- �� 0 z 8 W � Nyo ' N00°18'47"E Z ❑ a I m�� bpi° 18.0' N89°15'02"E 3 Q r U3 z F ?� 39.0' v , Z ❑ m w cs‘ () o wa W0 / 0 IY J O W w y"s N89°15'02"E y 1- 0 C CO y r�`s0 24.5' NI o, ttlz. / P.O.B. I S89°15'02"W / 54.0' STA - '- , 14+83.8 N00°18'47"E S89°15'02"W S89°15'02"W/ w EAST 1/2,LOT 3 10.0' 54.0 I 42.0' AUDITOR BARNES' '6 N PLAT NO.1 I • o o"' Z P.O.C. SOUTHEAST CORNER SEC.11,789N,R13W DESCRIPTION: STA 9+57.7 A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF LOT 4,AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE NORTH 00°49'58'WEST 526.1 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 89°15'02'WEST 42.0 FEET TO INTERSECTION OF SOUTH LINE OF LOT 4 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE,SAID INTERSECTION BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE CONTINUING SOUTH 89°15)02'WEST 54.0 FEET ALONG THE SOUTH LINE OF SAID LOT 4;THENCE NORTH 00°18'47"EAST 10.0 FEET;THENCE SOUTH 89'15'02"WEST 54.0 FEET;THENCE NORTH 35'57'03"WEST 47.0 FEET;THENCE NORTH 32°58'13-WEST 27.90'FEET;THENCE NORTH 21'11'03'WEST 30.01'FEET TO THE NORTH LINE OF LOT 4;THENCE NORTH 89°15'02"EAST 12.74 FEET ALONG THE SAID NORTH LINE OF LOT 4;THENCE SOUTH 21°11'03"EAST 22.92 FEET;THENCE SOUTH 32'58'13"EAST 32.32 FEET;THENCE SOUTH 41'27'35" EAST 38.5 FEET;THENCE NORTH 89'15'02"EAST 24.5 FEET;THENCE NORTHOO°18'47"EAST 18.0 FEET;THENCE NORTH 8995'02"EAST 39.0 FEET; THENCE NORTH 00'18'47'EAST 45.0 FEET;THENCE SOUTH 89'15'02'WEST 20.0 FEET;THENCE NORTH 00°18'47-EAST 10.0 FEET;THENCE SOUTH 89°15'02"WEST 27.0 FEET;THENCE NORTH 00°18'47"EAST 5.0 FEET TO THE NORTH LINE OF LOT 4;THENCE NORTH 00'15132'EAST 62.0 FEET ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE SOUTH 00°18'47'WEST 100.0 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.12 ACRES(5,124 SO.FT.). OWNER: NOTES: DEED HOLDER:MARY E.NAREY per MISC BOOK 311,PAGE 885 1.Distances are in US Survey feet and decimals thereof. CONTRACT BUYERS:JOSEPH P.NAREY&MICHAEL F.NAREY 2.Bearings and distances shown based on Iowa DOT Right-of-Way Plat filed In the Black Hawk County Recorders Office at CLO Book 578 Page 732 and rot I hereby certify that this surveying document was prepared to the bearings from GPS observations of the East line of Section 11,based a Q-50RVt=you and the related survey work was performed by me or under the Iowa State Plane Coordinate System,North Zone(HAD 83),as monumen •.. �''. P', my direct personal supervision and that I am a duly in Black Hawk County,Iowa. wthA I W. t , licensed Land Surveyor under the laws of the State of Iowa. oAs1.E I ' LEGEND: 19715 r �'`, E+ / P.O.B. Point of Beginning •'..°...Y°,!*.: William W.Castle,PLS Iowa license No.19715 P.O.C. Point of Commencement `,,,,lowN_=- My license renewal date is:December 31,2011 R.O.W. Right of Way ° ---- Pages or sheets covered by this seal: • Found Section Corner Drawn By:WWC Scale: 1"=30' I EASEMENT EXHIBIT-2133 LOG AN AVENUE I Sheet N Field Work Date: CITY OF WATERLOO CONTRACT NO.782 1 of 1 Date Drawn:9/14/2011 E V 9nin I CU M AVFNII IF RfnFWAI IC Prepared by Christopher S. Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street, Waterloo,IA,50703, Attn: Tim Andera 2073 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement(the "Agreement") is entered into as of by and between the City of Waterloo, Iowa("City")and Nareys Nineteenth Hole,Inc. ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. Grantor shall be compensated$402.62 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to the property. Contractor shall stage construction to allow that at least 1 of the 2 entrances to 2073 Logan Avenue remain open during the duration of the project. d. Removal of Signage. In the event that the project requires the removal of the sign on the property at 2073 Logan Avenue, the City will cover the costs of relocation of the sign. e. Removal of Shrubs. In the event that the project requires the removal of shrubs on the property at 2073 Logan Avenue, the City will cover the costs of their replacement. f. Replacement of Concrete. Where concrete is removed as a part of the project, contractor shall replace removed concrete with new concrete. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof,whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This 2 • Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRANTOR By: Is_ OSQ Fat-//IQ!' y Ernest G. Clark, Mayor Fo Nareys Nineteenth1Hole, Inc. By: OYgncy5 19-1-4 xv6714 .1 $1 Its: (9...fyeft; Attest: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on M av 15; r Z , by J-o well Ida} 1\f0•4'el . Notary Public •`A< n_ PAM BENNER STATE OF IOWA ) q MIBION�D(p COMMISSION NO.196461 ) SS. n MY COMSIRES BLACK HAWK COUNTY ) ° `]] KK 3 Acknowledged before me on , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4 WILLIAM W.CASTLE,PUS,CITY OF WATERLOO ENGINEERING DEPARTMENT,715 MULBERRY STREET,WATERLOO,IA 50703 PHONE:(319)2914312 N TEMPORARY CONSTRUCTION EASEMENT EAST 1/4 CORNER 0 30 60 SEC.11,T89N,R13W 1 INCH=30 FEET CURRENT 12 R.O.W.LINE ry LOT4 I etil AUDITOR BARNES' PLAT NO.1 N89°15'02"E S 39.0' N89°15'02eE • .0' — ._ ---- STA 14+83.8 N00°18'47"E 26.0' PLATTED R.O.W.LINE S89°15'02"W a 8.0' a W ° a G t a ZJ a EAST 1/2, LOT 3 g Y W m 8 w CC AUDITOR BARNES' Lt.! o Q ° w ui cn m PLAT NO.1 d^ o �E- r. CO OD 3 Q ; v ILi1` m O �Lii IA cr) cn N89°15'02"E Z DI J - 12.0' y > NCO°18'47"E P.O.B. 7, STA 13+83.8 S89B15f43. 2"W N S89'44 0 EAST 1/2,LOT 2 1 AUDITOR BARNES' . '-� PLAT NO.1 v a Ig 1 P.O.C. SOUTHEAST CORNER SEC.11,T89N,R13W STA 9+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE EAST HALF OF LOT 3,AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE NOOe49'58'W 426.1 FEET ALONG THE EAST LINE OF SECTION 11;THENCE S89°15'02'W 44.0 FEET TO INTERSECTION OF THE SOUTH LINE OF LOT 3 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE,SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE CONTINUING S89°15'02°W 43.0 FEET ALONG THE SOUTH LINE OF SAID LOT 3;THENCE NO0°18'47"E 16.0 FEET;THENCE N89°15'02E 12.0 FEET;THENCE NOO°18'47"E 58.0 FEET;THENCE S89°15'02'W 8.0 FEET;THENCE NOO'18'47°E 28.0 FEET TO THE NORTH LINE OF LOT 3;THENCE N00.15'02"E 39.0 FEET ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE S00°18'47W 100.0 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.08 ACRES(3,501 SQ.FT.). NOTES: LEGEND: 1.DISTANCES ARE IN US SURVEY FEET AND DECIMALS THEREOF. P.O.B. POINT OF BEGINNING 2.BEARINGS AND DISTANCES SHOWN BASED ON IOWA DOT RIGHT-OF-WAY PLAT P.O.C. POINT OF COMMENCEMENT FILED IN THE BLACK HAWK COUNTY RECORDERS OFFICE AT CLD BOOK 577, R.O.W. RIGHT OF WAY PAGE 949 AND ROTATED TO THE BEARINGS FROM GPS OBSERVATIONS OF THE EAST LINE OF SECTION 11,BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM,NORTH ZONE(NAD 83),AS MONUMENTED BY BY BLACK HAWK COUNTY, OWNER: IOWA. NAREY'S NINETEENTH HOLE,INC CLD BK 858 PG 588 I hereby certify that thh surveying document woe prepared and the related survey work was performed by me r under mye direst personal eun7s'er 0 a fED I m a day lIcmesd Land Survyer under Ne°bwe f UK ;be seas. EASEMENT EXHIBIT-2073 LOGAN AVENUE WILLIAM w CASTLE, PLs CITY OF WATERLOO CONTRACT NO.782 Leanne Number 19715 F.Y.2010 LOGAN AVENUE SIDEWALK by license Renewal Date h December 31.2011. Pages or sheets crowed by this seal: DRAWN BY: VVWC Bit V10 CHECKED BY: Prepared by Christopher S. Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street,Waterloo,IA,50703, Attn:Tim Andera EASEMENT AGREEMENT This Easement Agreement(the"Agreement") is entered into as of / by and between the City of Waterloo, Iowa ("City") and William W. and Donna M. McDermott ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. Grantor shall be compensated $150.45 for use of said Easement. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their res pective ective succes sors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRANTOR By: (A2C.Yi�.„ a 04_ Ernest G. Clark, Mayor William W. McDermott Attest: � 4 A. -- \ Suzy Schares, City Clerk onna M. McDermott 2 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on pe,G , a � ..ot I , by t4), d i ar, I J (Mc der mot' or‘,- .. ri .. Vhc,l fart Notary Public o�'�so TAMMY FOUTS a Commission No.76141& * My Co is '.n Ezoirec I ,owp STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 • • • N TEMPORARY CONSTRUCTION EASEMENT 0 30 EAST 1/4 CORNER QQpQpI!!!! I I SEC.11,T89N,f 13W 60 L 1 INCH=30 FEET i I. CURRENT R.O.W.LINE�1 I r c`fl EAST 1/2,LOT 3 ' rri AUDITOR BARNES' N89°15'02"E I I c i� PLAT NO.1 10.0' N89°15'02" z w 44.0' STA 13+83.8 t PLATTED m ty,( R.O.W.LINE in 0) I CD co EAST 1/2, LOT 2 09 O 6 n W 6 AUDITOR BARNES' N89°15'02"E Z Z m . -- PLAT NO.1 20.0' • m j w I N ct in o Q = ui a, ✓ O H 610 Z H / `: O en J ° O S N t sr I W IUD 'Cr /4P.O.B. 0 CE W O Q CO WF JE co o o S89°15'02"W z ' \v 20.0' — STA 12+67.7 N00°09'15"E sas°1soa�w� 46.0'> EAST 209.2 FT,LOT 1 8.0 S89°15'02"W I o AUDITOR BARNES' m PLAT NO.1 . 10.0' I o cno z I P.O.C. SOUTHEAST CORNER SEC.11,TB9N,R13W STA 9+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE FAST HALF OF LOT 2,AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE NORTH 00°49'S8"WEST 310.0 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 89°15'02'WEST 46.0 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 2 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE,SAID INTERSECTION BEING THE POINT OF • BEGINNING FOR THIS DESCRIPTION;THENCE CONTINUING SOUTH 89°15'02'WEST 10.0 FEET ALONG THE SOUTH LINE OF SAID LOT 2;THENCE NORTH 00°09'15°EAST 8.0 FEET;THENCE SOUTH 89°15'02"WEST 20.0 FEET;THENCE NORTH 00°09'15"EAST 45.0 FEET;THENCE NORTH 89°15'02' EAST 20.0 FEET;THENCE NORTH 00'09'15'EAST 63.1 FEET TO THE NORTH LINE OF LOT 2;THENCE NORTH 0015'02"EAST 10.0 FEET ALONG SAID • NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE SOUTH 00°09'15'WEST 116.1 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.05 ACRES(2,061 SO.FT.). OWNER: NOTES: WILLIAM W.WALTER&DONNA M.WALTER 1.Distances ere in US Survey feet end decimals thereof. CLD BOOK 618,PAGE 787 2.Bearings and distances shown based on Iowa DOT Right-of-Way Plat Ned the Black Hawk County Recorders Office at CLD Book 576,Page 735 and SURV I hereby certify that this surveying document was prepared rotated to the bearings from GPS observations of the East line of Section 1' O FYof,� end the related survey work was performed by me or under based on the Iowa State Plane Coo dlnete System,North Zone(HAD 83), ;\jf 7" �°° P, my direct personal supervision and that I am a duly monumented in Black Hawk County,Iowa. € maim w. 14 , licensed Land Surveyor under the laws of the State of Iowa. CASTLE j LEGEND: • '' 19}15 P.O.B. Point of Beginning r,•+k, ♦/ William W.Castle,PLS Iowa license No.19715 P.O.C. Point of Commencement ,/O W P:' My license renewal dale is:December 31,2011 R.O.W. Right of Way ., --= Pages or sheets covered by this seal: • Found Section Corner Drawn By:WWC Scale: 1"=30' I EASEMENT EXHIBIT-2065 LOGAN AVENUE I Sheet Field Work Date: CITY OF WATERLOO CONTRACT NO.782 i of Date Drawn:9/14/2011 g V Dnt 0 I nraht AVFMI IF RIMPwat LC Prepared by Christopher S. Wendland,P.O.Box 596, Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street,Waterloo, IA,50703, Attn: Tim Andera 2051 & 2055 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of by and between the City of Waterloo, Iowa ("City") and Joseph P. IlifiMalliNaK. Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. Grantor shall be compensated $168.30 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction,and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code.of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or.any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 2 IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRANTOR By: ®se R� A R®/ Ernest G. Clark, Mayor J eph Narey Attest: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 5) 2 I Z , by ise/o(n }�0.i—/L,7 • Notary Public PAM BENNER COMMISSION NO. 196461 to MY COJ�itMISSON EXPIRES o. 5�$ /3 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa. Notary Public 3 1 _ I • , N TEMPORARY CONSTRUCTION EASEMENT EAST 1/4 CORNER i 0 30 60 SEC.11,T89N,R13W I ' 1 INCH=30 FEET EAST 1/2,LOT 2 AUDITOR BARNES' CURRENT _ PLAT NO.1 R.O.W.LINE---------....`I I N w� i N89°15'02"E I . Z csi 10.0' NB9460°15'02"E f / /✓ — — — — I STA 12+67.7 EAST 209.2 FT,LOT 1 AUDITOR BARNES' o / PLATTED • PLAT NO.1 W % R.O.W.LIN r• o 0 o CO / o r- j tr i r 211 ro ' —m N89°15'02"E o m W N z U rn J I- 71- - O I F W O (� to y 1 U _J W O W 4 03 to � o Up < Jf-C� � �, e M co O / I V1/ 0 Z Y / P.O.B. • S89°15'02" —..—. .. .. STA 11+67.7 20.0' `// ' � .-589°1502"W FIRST ADDITON TO N00°18'47"E I 48.0' ALLEN HEIGHTS 6.0' I • 0 W - S89°15'02" g 10.0' — I I O N z I P.O.C. SOUTHEAST CORNER SEC.11,T89N,R13W STA 9+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE EAST 209.2 FEET OF LOT 1,AUDITOR= -NES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FO LOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINC PAL MERIDIAN;THENCE NORTH 00°49'58"WEST 210.0 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 89°15'02"WEST 48.0 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 1 AND THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE,SAID INTERSECTION BEI G THE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE CONTINUING SOUTH 89°15'02"WEST 10.0 FEET ALONG THE SOUTH LINE O SAID LOT 2;THENCE NORTH 00°18'47'EAST 6.0 FEET;THENCE SOUTH 89°15'02"WEST 20.0 FEET;THENCE NORTH 00°18'47"EAST 35.0 FEET; ENCE NORTH 89'15'02" EAST 20.0 FEET;THENCE NORTH 00.18'4T EAST 59.0 FEET TO THE NORTH LINE OF LOT 1;THENCE NORTH 00°15'02" T 10.0 FEET'ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE SOUTH 00'18'47"WEST 100.0 FEST ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.04 ACRES(1,700 SQ.FT.). OWNER: NOTES: JOSEPH P.NAREY&MATTHEW F.NAREY 1.Distances are in US Survey feet and decimals thereof. CLD BOOK 677,PAGE 107 2.Bearings and distances shown based on lox(a DOT Right-of-Way Plat filed in the Black Hawk County Recorders Office at ILD Book 577,Page 64 and rotated SUR•.••, I hereby certify that this surveying document was prepared to the bearings from GPS observations of It*East line of Section 11,based on 0 kFYD•, and the related survey work was performed by me or under the Iowa State Plane Coordinate System,No9h Zone(NAD 83),as monumented P'',, my direct personal supervision and that I am a duly in Black Hawk County,Iowa. t y, yr, ; licensed Land Surveyor under the laws of the State of Iowa. t i LEGEND: 19715 " P.O.B. Point of Beginning 1*-... if */ William W.Castle,PLS Iowa license No.19715 P.O.C. Point of Commencement ••,/O W P:% My license renewal date is:December 31,2011 R.O.W. Right of Way Pages or sheets covered by this seal: A Found Section Corner Drawn By:WWC Scale: 1"=30' EASEMENT EXHIBIT-2051-2055 LOGAN AVE Sheet No. Field Work Date: CITY OF WATERLOO CONTRACT NO.782 1 of 1 Date Drawn 9/14/2011 F V 9n1n I (M AM AVFMI IF cIMPwAl LC — — Prepared by Christopher S.Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development, 715 Mulberry Street,Waterloo,IA,50703, Attn:Tim Andera EASEMENT AGREEMENT This Easement Agreement(the "Agreement") is entered into as of by and between the City of Waterloo, Iowa ("City") and Allen Memorial Hospital Corp. ("Grantor"). 1. Grant of Temporary Easement; Termination. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, a temporary easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached heret o and by this reference made a part hereof. Grantor shall be compensated $534.32 for use of said Easement, which includes $400.00 for the relocation of 2 trees. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRANTOR By: c� Ernest G. Clark, Mayor For Allen Hospital Memorial Corp. By: fsr1)!/Re+l Its: COD Attest: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on / ,by-ij 1 g I, &p ,-ms SHEI L'OMM/SSION NO AR:-.14j44 8 w PIR�0 IS ION ES Nott.ry Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 PROJECT: Logan Avenue Sidewalk Project PARCEL: 8913-11-476-060 and 8913-11-476-072 OWNER: Allen Memorial Hospital OFFER TO DONATE FORM As owners of real estate needed for the above-referenced project and parcel, and acknowledging the fact that(I) (We) are entitled to just compensation of the subject property, nevertheless, desire to donate the property. (I) (We) waive such compensation rights and will execute the necessary documents for the City of Waterloo,Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any nature. Date For Allen Memorial Hospital By: fain TeB3(ZCS Its: Cto State of Iowa ) Black Hawk County // ) ss. On this/' ' day of 414..t4 ¢ ,20/� before me the undersigned, a Notary Public in and for theof , i-.44,c a a i' State of _ n, personally appeared /6,,,, /, �s , to me known to be the person named in and who executed the foregoing instrument and acknowledged that hei executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. SHE. DOLAN , /' ' COM ION n aile CG%i4/ ° .° MY COM ISSI NO EXPIRES Notary bhc for the State of Iowa „ Q ExPIRES N TEMPORARY CONSTRUCTION EASEMENT 1 0 40 80 EAST 1/4 CORNER I I SEC.11,T89N,R13W 1 INCH=40 FEET l EAST 209.2 FT,LOT 1 CURRENT AUDITOR BARNES' R.O.W.LINEN -vtOi°? KV PLAT NO.1 N89°15'02„E N89°15'02"E I 10q 10.0' 48.0' .._.._.. STA 11+67.7 FIRST ADDITON TO I ALLEN HEIGHTS I ALLEN MEMORIAL HOSPITAL CORPORATION PLATTED CLD BK 584 PG 292 _ R.O.W.LINE N o E0 Ln W O.25. a cod '14 N (i ALLEN MEMORIAL m LLl R. h 1,-- ALLEN CORPORATION r 9 Q= w I y z CLD BK 602 PG 987 �F 0 I5 m ui m to d- Z o t,1 I z r b 1"c) • Q a -t O °V K O N U O O I N O 1- J cr ¢ z cn F a w CURRENT P.O.B. RO.W.LINE S89°16'45" _ ,W �/ S89.10'02°W CITY OF WATERLOO R.O.W. 51.3' I in DOC#2008 010405 10.0' / I • 0 PLATTED _./ I R.O.W.LINE `r EAST DONALD STREET z VARIABLE WIDTH PUBLIC R.O.W. P.O.C. . — — . — — . — — . — — . SEC CORNER SOUTH LINE,SE 1/4, SEC.11,T89N,R13W SEC.11,T89N,R13W STA 9+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE FIRST ADDITION TO ALLEN HEIGHTS,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE NORTH 00°49'58"WEST 50.3 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 89°10'02"WEST 51.3 FEET TO THE INTERSECTION OF THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE AND THE CURRENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET,AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE SOUTH 89'16'45'WEST 10.0 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 00°20'54"EAST 160.0 FEET TO THE NORTH LINE OF SAID FIRST ADDITION;THENCE NORTH 89°15'02"EAST 10.0 FEET ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE;THENCE SOUTH 00°20'54"WEST 159.BFEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.04 ACRES(1,599 SQ.FT.). OWNER: NOTES: ALLEN MEMORIAL HOSPITAL CORPORATION 1.Distances are in US Survey feet and decimals thereof. CLD BOOK 584,PAGE 292&CLD BOOK 602,PAGE 987 2.Bearings and distances shown based on Iowa DOT Right-of-Way Plat filed it the Black Hawk County Recorders Office at CLD Book 582,Page 219 end CI SURV I hereby certify that this surveying document was prepared Book 602,Page 987 and rotated to the bearings from GPS observations of tl /0 f}., and the related survey work was performed by me or under East line of Section 11,based on the Iowa State Plane Coordinate System,I' J/~+...,,\P',, my direct personal supervision and that I am a duly Zone(NAD 83),as monumented in Black Hawk County,Iowa. i wiwg,d w.! licensed Land Surveyor under the laws of the State of Iowa. • CASTLE i ' LEGEND: 19715 } , P.O.B. Paint of Beginning I'',4r's _•„!iF% William W.Castle,PLS Iowa license No.19715 - P.O.C. Point of Commencement /OW P._= My license renewal date is:December 31,2011 R.O.W. Right of Way ---- Pages or sheets covered by this seal: Found Section Corner Drawn By:WWC Scale: 1"=30' EASEMENT EXHIBIT-ALLEN HOSPITAL PARKING LOT I Sheet 1 Field Work Date: CITY OF WATERLOO CONTRACT NO.782 Of Date Drawn:9/14/2011 F v onin I nr_eM AVENUE AIIIFVVAI I rtb. Lint o:uirr UUULUMhInKjILLID.li ! NU. putt r. I F . ' TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into as of February _, 2012, by and between HV WATERLOO LLC, a Delaware limited liability company ("fir"), and CITY OF WATERLOO,IOWA("Grantee"),WITNESSETH: WHEREAS, Grantee desires to obtain a temporary easement from Grantor, for the purpose of the construction of a sidewalk within an existing sidewalk easement and/or road right of way, said temporary construction easement being located on Grantor's property legally described and visually depicted on Exhibit "A" attached hereto and incorporated herein by this reference(the"Easement Area");and WHEREAS, Grantor desires to grant a temporary easement over the Easement Area as set forth herein. NOW,THEREFORE, as a donation by Granter and in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. The recitals are incorporated herein by this reference. 2. Subject to the terms and provisions hereof and existing easements and rights of way, Grantor hereby grants to Grantee a temporary non-exclusive construction easement over the Easement Area giving Grantee, its agents, representatives and contractors temporary access to the Easement Area for the purpose of Grantee's construction of a sidewalk within an existing sidewalk easement area and/or road right of way adjacent to the Easement Area. This easement shall automatically terminate on the earlier to occur of(a) the completion of construction of the sidewalk and the restoration of Grantor's property to its condition prior to the commencement of construction, or (b) December 31, 2012 ("Expiration Date"). Said construction shall be at the sole expense of Grantee. 3. Until the Expiration Date, Grantor shall not interfere or disturb the sidewalk construction work within the Easement Area. Grantor reserves all rights not expressly granted herein. 4. At all times during construction work within the Easement Area, Grantee shall ensure that there is no interference with or obstruction of full ingress and egress to and from Grantor's business premises over the access drive to the public right-of-way. Grantee shall not permit any lien to accrue or become established against the Easement Area in connection with work of any character performed or claimed to have been performed on the Easement Area at the direction or sufferance of Grantee. 5. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or its representatives Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold Grantor, its employees, agents, tenants and representatives, and their respective successors and assigns, rro. L), ZV IC o,UJrai UUULubcttliIIYtnXIMn141 NO. C i2 r. L harmless from and against any and all liability, loss, damage, injury, expense including without limitation attorneys' and consultants° fees and costs of suit, or any claim or lawsuit fur liability, loss, damage or injury arising out of or resulting from the operations or in use of the Easement Area by Grantee or its employees,agents or representatives. 6. Upon completion of Grantee's work in the Easement Area, Grantee shall restore the Easement Area to its condition prior to the commencement of construction work, including but not limited to regrading and reseeding any grassed areas disturbed by construction activities and repairing any improvements,such as fences and landscaping 7. This Agreement shall not be recorded by Grantee. S. Words and phrases shall be construed as in the singular or plural number, and as masculine,feminine or neuter gender according to the definitions and the context. 9. This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement constitutes the entire agreement between Grantee and Grantor concerning the subject matter hereof. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. For purposes of executing this Agreement, a facsimile signature shall be as effective as an actual signature. 11. All notices required herein shall be in writing and shall be deemed properly served if delivered in person, by commercial overnight air courier,by facsimile or by registered or certified U.S. Mail, return receipt requested,with postage prepaid to Grantor at HV Waterloo LLC do of L & R Investments, 555 Skokie Boulevard, Suite 260, Northbrook, Illinois 60052 or Grantee, Tim Andera at the City of Waterloo,Iowa,715 Mulberry Street, Waterloo, Iowa 50703- 5783 or to such other or additional parties and addresses as either Grantor or Grantee may subsequently designate by notice. 12. This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Iowa. (Signature Page to Follow). 2 r CC. LJ. LUIL U:U]rirt UUULua /111UErt] ILEJUJL`tl IVU. OU/L r. • IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement by their duly authorized representatives on the date first above written. GRANTOR: HV WATERLOO, LLC By: o kin,Manager GRANTEE; CITY OF WATERLOO,IOWA By: Ernest G. Clark,Mayor Attest: Suzy Shares, City Clerk 3 FED. LJ. LU IL U.UJf1YI UUULUOUltil/VER] I LLJUJL4 i NU CIJ L 4 STATE OF ILLINOIS ) COUNTY OF COOK ) SS ) This instrument was acknowledged before me on bra rt r of a b,Howard M. Ruskin, as the Manager of HV Waterloo LLC, a Delaware limited liabilitycompany, 11.4 Notary Pub c in and for the State of Ill' is OFFICIAL SEAL AMY M. BLUMENTHAL NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 540'2013 STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS ) This instrument was acknowledged before me on Clark and Suzy Shares as Mayor and City Clerk,respectively,of the City of Waterla Io esta Notary Public in and for the State of Iowa 4826-3933-51V,v. 3 4 �u. LJ• Lv L VVJi I!! u,„•“uµl,r,Il,_I,JI GLJVJL1I I,V, UViL I• • f I F.- G..b;+ amt" - r I TEMPORARY CONSTRUCTION EASEMENT 0 30 ao EAST 114 CORNER 0 SEC.11,TBSN,R)3W 1 INCH+-30 FEET i LOT8 I AUDITOR BARNES' PLAT NO.1 N89'15'dZ"E� f 35.D; 4 j STATE R,0•W. z CURRENT CLD BK S80 I m r< R-O.W.UNE \� PG 79T ui m ry Z - •kg gA Ij 2 PLATED R,O.W,LINE I S0098'47"WH i 10.0'N 1/2,LOT 5 1AUDITOR BARNES` 100.0'N8 .0 PLAT NO.1 ' N891507°E 3T•8 NOG°18'47"E ,_.._. i o.o a 0%/ 58B°15'OZ"W STA 16+g3.8 %/ 8.0° N la.LOT s S89°15'02"W f F.DB. AUDITOR BARNES' 10.0. PLAT NO.1 I I 1 I �� • P.O.C. j SOUTHEAST CORNER SEC.11,MN,Rj3W STA G+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER A SOUTHEASTERLY PORTION OF THE NORTH HALF OF LOT AUDITOR BARNES'PLAT NO.1,IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,AND EEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIOIAN;THENCE NORTH 00449'58"WEST 726,1 FEET ALONG THE EAST LINE OF SECTION 11;THENCE SOUTH 86'1E02'WEST 3B.0;FEE7TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOTS AND THE CURRENT WEST RIGHT-OF-WAY UNE OF LOGAN AVENUE,SAID INTERSECTION BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION:THENCE CONTINUING SOUTH 891EB2'WEST 10.0 FEET ALONG THE SOUTH UNE OF THE NORTH HALF OP LOT 6:THENC=NORTH 00°18'-HeR.5T 10.0 FEET,THENCE NORTH OPHS'O"FAST 10.0 FEETTO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE THENCE'S10UT H 00.15'47-WEST 10,0 FEET ALONG SAIO RIGHT-OF-WAV LINE TO THE POINT OF BEGINNING, THE AREA DESCRIBED CONTAINS 100 SO..FT.(1002 ACRES). OWNER; NOTES;, I HV WATERLOO tLC 1.Dlefeneee pre In US Sunray feet ind Merest OOC.02006 01745i 2.Bump putt distances shown boiled on saws DOT RIpAt.OFway Plat Oft _ Ma Bleak Hawk Dourly Reorder*08ke M OLD Beak 650,PESE Mend p SUR'a I hereby way that MIT aurveytne dncuman)wag prepared 1C d 10 61e bearings ham GPS bbsmvsBEne tome East Bps of S5cI I ; {°,,,... 0,, ' and lha related survey work sae performed by me r under based m1 rice Iowa S1Ma Plane Coballnate SYstem,North Yore(NAB 63). r f 'F my dkEU Pommel superviggR and Nat I am a dial' monumentsd hr Bleak Hawk Corn ,Iows.. > sauskf BaeRsed Ler*Surveyor under the laws Male State Okra* , t 1C97 S �F LEGEND: ' ••',*N.,. ..,, IF/ maim W.owe,Pa lots 8canse No,1B'115 P.O.B. Point of Beginning JOW a, My eriaiNenewal date Is:Oatember 31,2011 P.O,C Print 51 COfimencempM Paget r Sheets covered by ills seat R.O.W. Right afwsy , Found Section Caret, Drawn By WWC Scale:1"=30' EASEMENT EXHIBIT-2181 LOGAN AVENUE Field Work Date: CITY OF WATERLOO CONTRACT NO.762 Sheet Date Drawn:9/14/2011 P v hnin 1 ne aN evFw n>=IP Afwcl 11 Oi . rLo-c(-Lc I1UIY L1,0U till rw NU, r, uC PROJECT: Logau Avettue Sidewalk Project PARCEL: Hy-Vee,2 I R I-2221 Logan Avenue OWNER: ?IV Waterloo, LLC OFFER TO DONATE FORM As owners of real estate needed for the above-referenced project and parcel, and acknowledging, the fact that (I) (We) are entitled to just compensation of the subject property, nevertheless, desire to donate the property. (I) (We) waive such compensation rights fair! will execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any nature. 1,Orttitry 27, 2012 Date M. Ruskin Its: Manager State Of Illinois ) County of Cook ) ss. On this2"te of February, 2012, before me the undersigned, a Notary Public in and for the County of Cook, State of Illinois, personally appeared Iloward M. Ruskin, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary net and deed. IN WITNESS WIlERtiop, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal ` 4/1. Notary P ►lic for the State of Illinois 4s1u..ttaA,Kno,v. t tU:tsomrt OFFICIAL SEAL AMY M. BLUMENTHAL - NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES S•28.2013 CITY OF WATERLOO Council Communication City Council Meeting: June 11, 2012 Prepared: June 6, 2012 Dept. Head Signature:.. # Of Attachments: SUBJECT: Smart Controls Change Order#3 Submitted by: Craig Clark Building Official/Maintenance Administrator Recommended City Council Action: Approve recommendation of award of change order#3 in the amount $6,050.00 to Halvorson Trane Services, Inc of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings, be received, placed on file and adopted. Summary Statement Install a new JACE Controller to replace an old inefficient controller. Expenditure Required $ 6,050.00 with a total cost of project of $367,920.00. Source of Funds EECG funds Background Information: CITY OF WATERLOO Council Communication City Council Meeting: June 11, 2012 Prepared: June 6, 2012 Dept. Head Signature: # Of Attachments: SUBJECT: Smart Controls Change Order#3 Submitted by: Craig Clark Building Official/Maintenance Administrator Recommended City Council Action: Approve recommendation of award of change order#3 in the amount $6,050.00 to Halvorson Trane Services, Inc of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings, be received, placed on file and adopted. Summary Statement Install a new JACE Controller to replace an old inefficient controller. Expenditure Required $ 6,050.00 Source of Funds EECG funds Background Information: CITY OF WATERLOO Council Communication City Council Meeting: June nth, 2012 Prepared: June 1st, 2012 Dept. Head Signature: # of Attachments: SUBJECT: SFY 2013 Byrne-Justice Assistance Grant (JAG) 10-JAG/ARRA-42o75 Submitted by: Dan Trelka, Director of Safety Services Recommended City Council Action: Request that City Council pass a resolution accepting the SFY 2013 Byrne-Justice Assistance Grant awarded by the Office of Drug Control Police and allow Mayor Clark and Director Trelka sign the official grant document once it arrives. Summary Statement: The Waterloo Police Department has been awarded the SFY 2013 Byrne-Justice Assistance Grant (JAG) FFY 10 Iowa/Byrne-Justice Assistance Grant (JAG) in the amount of$349,306.00. The Federal award amount is $261,979.00 with a local cash match of$87,327.00. This grant supplies funding for the Tri-County Drug Enforcement Task Force and runs from July 1, 2012 through June 30, 2013. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting:June 11, 2012 Prepared: lune 5, 2012 Dept. Head Signature: Eric Thorson # of Attachments: SUBJECT: F.Y. 2008 CEDAR VALLEY RIVER RENAISSANCE TRAIL ENHANCEMENT Contract No. 743 NOTICE OF DISCONTINUATION Submitted by: iamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This document is required by the DNR when stabilization of the project site has been obtained. CITY OF WATERLOO Council Communication City Council Meeting: Tune 11, 2012 Prepared: Tune S, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 2 SUBJECT: RECONSTRUCTION AND OVERLAY STREET IMPROVEMENT LISTS LOCAL OPTION SALES TAX FUNDS Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I am requesting Council approval of the 2013 lists, so that Engineering can complete the necessary survey and start design for next year's projects. Summary Statement I have updated proposed lists for Reconstruction from 2013 through 2017 and Overlay for 2013 through 2017. I used the Pavement Management System information along with staffing requests, Council requests and citizen requests from the past year to help update these lists. I have put together the following information for your approval at this time. 1. A copy of the proposed list for Reconstruction for 2013 for all Wards. 2. A copy of the proposed list for Overlay for 2013 for all Wards. The proposed lists for 2013 are the same as proposed last year. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: I have also included both the reconstruction and overlay improvement lists for 2013-2017. Once we complete our new inventory and rating of all city streets, these lists will be reviewed with the new ratings and changes will be made if appropriate. For now, the same streets as past lists are still included since this information has been public information with the knowledge that the lists were still subject to final City Council approval. The lists are based on some approximate budgeting and assuming that the City will continue to receive more than nine million dollars in Local Option Sales Tax Funds each year. I have budgeted funds for federal or state funds new roads match,railroad grade crossings improvement matches, design and inspection, and seal coating. • PROPOSED F.Y. 2013 ASPHALT OVERLAY PROGRAM STREET FROM TO 4th St., W. Ridgeway Ave. Audubon Dr. 11th St., W. Bridge Jefferson St. 11th St., W. Jefferson St. Washington St., NB Donald St., E., N 1/2 Mildred Ave. Virden Creek Donald St., E., S 1/2 Mildred Ave. Virden Creek Bridge Flammang Dr. San Maman Dr., E. Crossroads Blvd, Foulk Rd. North Ave. Cedar Terrace Dr. . Howrey Ave. University Ave. Janney Ave. Magnolia Pkwy. Upton Ave. Falls Ave. Paul Ave. Joder Ave. Black Hawk Rd. Rock Island Fletcher Ave. Vaughn St. Spring View St. Newell St. Cordell St. PROPOSED • FY 2013 STREET RECONSTRUCTION PROGRAM STREET FROM TO 11th St., W. Mitchell Ave. Easton Ave. Alabar Ave. Littlefield Rd. Falls Ave. Charles St. Barclay St., N. 4th St., E. Forest Ave. Hammond Ave. 11th St., W. Hawthorne Ave. 11th St., W. Minnesota St. Hillside Ave. Frederic Ave. Mitchell Ave., W. Lafayette St. 11th St., E. Vinton St. Maynard Ave. Valley Dr. Beverly Hills St. Park Lane Kimball Ave. 110' E of Fairlane Rosebud Ave. Frederic Ave. Mitchell Ave., W. 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W L w A 0 M -i al r— m og * * * * --<< O II c N W W W 0 a W W O 1 Ui -' 1 J = = I 2 . 0 Z m m m m CO COC 1 -' V COW v 1 -I A CO O O W 2 N Vt co N.) 2 I W W = 0 W10 0 co j V O O oi O 10 l), � O co c I_ I� O . n m 0) cn cn m di 03 Co-I N fA Ell CO 1 -i b9 CA Efl -I 03 03 A A 3 01 CO 03 0 0oo IOn - co), coo0 I0D 10 ro - cn IC) D 00000 01 000 O •I 0 000o V) m V) m o00 co a 000 -y-1O o0000 1p 1p o00 1p 0 V N co m N — _O -1 C. S) 3 .73 m' -- 13m 1 73cnc_ m c = 7J co co cn m O N , E X C n 3 Q • cn c -' " 1O S CD co cn m 3 X a • m Cn 1_1.is.) O ry w w a cn -. -.. 1 2 r m z --I V A -I CO cn N I a w A O O 10 CD CO m y -) CO EA EH 03 Ai co cCa C''i, In n 0 0 0 o OM p CITY OF WATERLOO Council Communication City Council Meeting:June 11, 2012 Prepared:June 6, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 LOGAN AVENUE SIDEWALK CONTRACT NO. 782 CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE Submitted by: leff Bales,Associate Engineer Recommended City Council Action: Approval and signatures of Contract, Bonds, Certificate of Insurance for the F.Y. 2012 Logan Avenue Sidewak, Contract No. 782. Please return three (3) executed copies to this office for distribution. Summary Statement Transmitted herewith are four (4) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2012 Logan Avenue Sidewak, Contract No. 782, for approval and signatures of City officials. The contract is with Mike Dolan Concrete &.Masonry, Inc, of Waterloo, Iowa for the amount of$53,040.50. Expenditure Required $53,040.50 Source of Funds ADA Commission Funds Policy Issue N/A Alternative None Background Information: This project includes the construction of sidewalk along the west side of Logan Avenue (Highway 63) from Donald Street to the Hy-Vee entrance. CITY OF WATERLOO Council Communication City Council Meeting: Lune 11, 2012 Prepared: lune 6, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 EAST DONALD STREET IMPROVEMENTS CONTRACT, BONDS AND CERTIFICATE OF INSURANCE STICKFORT CONSTRUCTION CO. CONTRACT NO. 797 Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: Approval and signatures of Contract, Bonds, Certificate of Insurance for the F.Y. 2012 EAST DONALD STREET IMPROVEMENTS, Contract No. 797. Please return both executed copies to this office for further processing. Summary Statement Transmitted herewith are two (2) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2012 EAST DONALD STREET IMPROVEMENTS, Contract No. 797, for approval and signatures of City officials. The contract is with STICKFORT CONSTRUCTION CO., of Hudson, Iowa, for the amount of$1,552,871.63. Expenditure Required $1,552,871.63 Source of Funds Federal STP Funds (80%)-$1,184,172.18 Local Option Sales Tax(20% Local Match)-$284,210.73 Waterloo Water Works-$11,832.32 Sanitary Sewer General Obligation Bonds-$72,656.40 Policy Issue N/A Alternative N/A Background Information: This federal-aid project is the reconstruction of E. Donald Street from U.S. 63 easterly to 100 feet east of Mildred Street and includes improvements to the lane configuration of Donald Street, the 4r1i Street Intersection, storm sewer, sanitary sewer and recreational trail. CITY OF WATERLOO , IOWA " T. • �% COMMUNITY PLANNING AND DEVELOPMENT .r.. �. S�tC 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %PWOO \O NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication City Council Meeting: June 11, 2012 COUNCIL Prepared: June 8, 2012 MEMBERS Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and JONES Ward I fully execute a new Development Agreement between City of Waterloo and Avita Developments LLC for the construction of a new 4,000 sq. ft. medical office CAROLYN building, just east of the Mauer Eye Center, with a new minimum value of $500,000, COLE and tax rebates at 8 years at 50%. Ward 2 HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward3 Recommended City Council Action: Resolution approving Development QUENTIN Agreement HART Ward4 Summary Statement: The City of Waterloo has been working on the development RON of a Business and Medical Park at Greenbelt Centre with Deere Creek Development WELPER and businesses for a number of years. This project would be the 6th business to go Wards into the Deere Creek portion of the Martin Road TIF District. BOB Dr. Sundaram has successfullyconstructedoffice buildingLogan Plaza, and GREENWOOD an near At-Large is looking to expand his medical offices in the Waterloo community with a site at the southwest corner of Ridgeway Avenue and Greyhound Drive. This new office STEVE building would be a 4,000 sq. ft. office building (see attached drawing) with a newly scxre added taxable value for the area of $500,000. The tax rebates have been calculated At-Large to pay Dr. Sundaram back for his acquisition of the land, as well as some repayment for fill work at the site, as the site is in the 100-year floodplain today, but will be elevated from the floodplain for development of the site. The land costs are calculated for a building site of 0.4 acres, but note Dr. Sundaram is acquiring approximately 3.5 acres at this location, and working on another 4 acres further east in this business and medical park. This is great news for continued development of this area. Expenditure Required: NA Source of Funds: NA CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! \`�� � FATE R100\ 1 An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo expanded the Martin Road TIF District south of Ridgeway Avenue approximately 8 years ago to encourage further development in this entire area. Since that expansion of the district, the City has sen development of Wilbert Burial Vault, Rainsoft, Failor Hurley Construction, Country Estates Fencing, the Post Office distribution site, Riley's Floors & More, Denso International, Turnkey & Associates, Financial Decisions Group, Social Security Office, Mauer Eye Center, Craft Cochran, and an expansion by Fahr Beverage. This is a great economic engine for the City of Waterloo, and we anticipate more development to follow this latest investment. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. The additional rebate schedule for fill work was utilized for the Denso project as well, and staff believes justified due to the past flooding of this area, slowing down development since 2008. i Request For Site Plan Amendment in the B-P Business Park District to Allow for a New Medical Office Building I 1, I -t ,. 4w Y 4 . i g gy- . ql M Property Proposing • Site Plan Amendment • + ` • • W Ridgeway A e � it t g'�ks 3•• t LLµ .Y f T-... 1l • I.-FUSS.:s j9 {ors R 1 • :. „i h i It o s,,a F ;Athens Drt �" t } r • fl�+5° N • • • • • • 777 • I • i.. ia„ .. yl • • x ,I *;fi ,,. Legend X 500-Year :illiliiii • '1'.# Zone Floodill • 300 150 0 3(0 s e�i Zone AE 100 Year Floodpla€n b I L- -- " ., '- .x ".. .",.a as ,,., r u'a _.r =e.,- ' :'�" .. .. i #i i s .. - io - . 5 .m, ." ice ,.-t1e„r - 4'4. L ---- '""" _ -'i -,>- - .mo .._...�,..--�- -,-=- '..a . - —xx-A . ._ wy} .. A .4 -�y- iT - are s_ "• - -,�. m ...8 Bpi j Uri ::".''..1...:::::71..g. .::. 1 ill =aT-GmsSz _ ._:� ;�RLI . bx { y t • ATHENS DRIVV •1i t 4F {, 5 t s aa� r..- '...w t �s,kre 'v a h f +-z 4 : _ .S` ?"` f,- =�-raakrt., c a rhi k, ,s: ,j .�r'"'- -2 r2�7t deG"B t� .. 111." I IM CARDIAC agallik FACILITY AVITA DEVELOPMENT USHERWATERLOO, IOWA 12'300 Z:\72-300 Sundorom\SRe.dwg '� °E"��` Q5/21/2Q12 7 • RIDGE NAY DRIVE i It t 11 t t 1, »,1+ DRNE FAST I\ \ r OFGREThOUNO TRIVE a ��, IIIII _ I \\-r) \ EMYE CLINIC I - 0 t ATHENS DRIVE 1 r . i i 1 CARDIAC'; 1==•=: FACILITY AVITA DEVELOPMENT 1./..7\ WATERLOO, IOWA 12-3( l Z:\12-300 Sundararn\Site.dwg 05/21/2012 ` `IC 8 Request For Site Plan Amendment in the . ;. M-2, P Planned Heavy Industrial District for the -401 . W 1 development of the Cedar Valley Techworks Campus r i„ o S.r 1k 1' 4 'L erg„ �..f� Y l'a.. .V: `y gh xMA , w 1► Sri, rLtti l' a `} �'� �� 3 rs 9 #:* a a - , ' "' ,u j sal 14 i d. t4'= ! w 'i{, r+F d y ,--MF%F'- : '',�:1 } ` _'' '.' ass ° `1, B it-......r ^f •, {.. »r ° L. } tt L r. ' , k i 13 y-�1�::k §t� "m'+ ` , z� n » .i 'P t ■ .'4Y ipw 1- 1 `3 T �'' t',c° 't � . li �* $,Y.-a=.;•.,3c�+#i � r r , '' ti `4 ' xiuma • F _ 4 f s' a� ] _ , - .-. #..� 'E Y'6,VF i1 ri * 4 4 ter'' i, ,.r. t i ` Property Proposing + , , . JP/ � # v Site Plan Amendment Q t" „villat z ..,. West'Commercial,Street "� 4: . 1 •r Ayr ACedar.:Valley.Techworks, � `4/ - , 400 _ r r ,., •v N Pr.";__ _ 4R 4c : qs ti• , 1 �,�,,rvaa. / Ln Sn tr (\�\ '! venue=--- y 'tv dC 6-.--.-- �'S weStf e d A r.,- + -rr`'�' ux'�s° x Itz x.- a 't r� y '. .:;3i4c�' ,- aiEi .`-.'v+�"e= ` :' 63 "_:: \ z Washirigton Sfreet \`. UnnersityAvenue 1 nA y '' 'r I' ', i'— 1.i ..sr /I - " J -l� r y `YEA {"StA`���\A,?44': "A�♦ ra • T fr 91 1 ThAs II 4tr i �Milli ' w5 ' ► ' 'Sri � i• rr # P Ai r y 40t 200 04W ' i - IFeet a -•- 41 r ' `O '{n �`" d La j ' V I a' E•Y t M . 4 F.5+,iuv '.w+'wamex,aurw ww ' '""L (/ - - t t R a � kjgw , . =N 4 w'R ,5" b x."1!-'-' \\\- - • •_ :\t 4 7.., ij i l t ss t t �t #q :. ` S moo, • i a aJ‘, a i � x_ ,_" j11: CITY OF WATERLOO , IOWA �1.�llk, ►j// COMMUNITY PLANNING AND DEVELOPMENT T d 44 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rer'100 '. NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO i Mayor BUCK CLARK Council Communication City Council Meeting: June 11, 2012 COUNCIL Prepared: June 8, 2012 MEMBERS Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and JONES Wards fully execute a new Development Agreement for median improvements to Ridgeway Avenue, as a part of the development of Greenbelt Centre Business Park, with CAROLYN Deere Creek Development LLC COLE Ward Submitted by: Noel Anderson, Community Planning & Development Director HAROLD GETTY Recommended City Council Action: Resolution approving Development Ward3 Agreement QUENTIN HART Summary Statement: The attached Development Agreement outlines the Ward4 agreement between the City of Waterloo and Deere Creek Development LLC to RON make improvements to the Greenbelt Centre Business and Medical Park west of the WELPER Ridgeway Avenue and Highway 63 intersection. These improvements will allow for Wards further development of the area, opening up a median cut to the soon-to-be- constructed Titan Trail segment. Please see the attached Development Agreement. BOB GREENWOOD The A reement works to expand the At-Large 9 p public-private partnership between Deere Creek Development and the City of Waterloo for the development of the business STEVE and medical park. This helps both the City of Waterloo and the company in that it SCHMITT helps them to compete for locating businesses within the park, as well as allowing At-Large for continued business growth and development within the City of Waterloo. Through this agreement, both the City of Waterloo and Hurst Holding Inc. will work to bring new development to this area, for the benefit of the community through jobs, tax base, and new businesses to the area. The City of Waterloo will also offer an $80,000 grant for the improvements to Ridgeway Avenue, which will direct access to Titan Trail to the south. The City has approved a similar agreement on Ridgeway Avenue for past improvements for the Greenbelt Centre, and for the improvements along San Marnan Drive at Bankers Boulevard and Hurst Drive. Expenditure Required: $80,000 CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! `WATER:00 An Equal Opportunity/Affirmative Action Employer Source of Funds: Martin Road bond funds Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo expanded the Martin Road TIF District south of Ridgeway Avenue approximately 8 years ago to encourage further development in this entire area. Since that expansion of the district, the City has seen development of Wilbert Burial Vault, Rainsoft, Failor Hurley Construction, Country Estates Fencing, the Post Office distribution site, Riley's Floors & More, Denso International, Turnkey & Associates, Financial Decisions Group, Social Security Office, Mauer Eye Center, Craft Cochran, and an expansion by Fahr Beverage. This is a great economic engine for the City of Waterloo, and we anticipate more development to follow this latest investment. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. The additional rebate schedule for fill work was utilized for the Denso project as well, and staff believes justified due to the past flooding of this area, slowing down development since 2008. i • ----- -------- --- ------------ --- ------ --- Request For The Preliminary and Final Plat i Of Greenbelt Centre Plat No. 5 1 f 1 Y#+n"xiW xW Tit' 4W(ti T ,3; - Y k ,*:fi' k 4 Y - i t kx t' t•ttttl it i.. }, y ::.'y� 11 "k a' `*a.d CL' A't - 'e- e `!t4` • < ' �a'-1 1't```7. *-4,- t.: 't"'71 y hx`.a" ":•,,, ? .. _�fir= , �WR{dgewayAveµ x `.' ^i .J" ,� � i m . 'ems s 1 N.vt.�.31! N'�T� d6 Y S 2 9 s .:: . ... P c .� +**!F m.d3'...`a t•a AE" R .?> t' ri'�'c P . t .'1 a s Area to be Platted r� c3��,,, , H Y� Z s ik .fi ,. £ a ��"lx ^*-Sr .. fi 4 t � �1 � .' 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Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 0 JONES Ward SUBJECT: Set a date of hearingfor approval of a Development Agreement CAROLYN between the City of Waterloo and Residential Development Partners LLC for the COLE sale and conveyance of city-owned properties generally described as: portion of the Ward2 former Van Eaton School site, former Lafayette School site, Baltimore field, and HAROLD Williston Field, for $1.00, for the infill development of housing within the City of GETTY Waterloo Ward 3 QUENTIN Submitted by: Noel Anderson, Community Planning & Development Director HART Ward 4 Recommended City Council Action: Resolution approving Development Agreement RON WELPER Wards Summary Statement: As you may recall from the previous Work Session, Residential Development Partners LLC would like to work to bring new infill housing BOB development to the City of Waterloo. This would be a multi-year development GREENWOOD agreement with the City of Waterloo for several city-owned properties: At-Large STEVE - Land of and near former Van Eaton School site SCHMITT - Baltimore Field At-Large - Williston Field - Land of and near former Lafayette School site This agreement would represent a slightly different approach, as it would lock up the land for a number of years for one development group. At the same time, it would present a larger redevelopment effort, contain reversion wording, etc. to try and keep the land on the forefront of development. The summary of agreement: 1. Land conveyed by City to Company for $1.00 2. Company to build homes in $150,000 to $200,000 range 3. Company has a timeframe to build 5 plus homes per year throughout sites CITY WEBSITE: www.ci.waterloo.ia.us l WE'RE WORKING FOR YOU! AnEuaiO ,,.xt_plco q pportunity/Affirmative Action Employer 4. Company has timeframe to construct necessary infrastructure to create and develop portions of sites 5. Inability of Company to meet timeframe will start reversion process of land back - to City 6. City agrees to demolish Lafayette School within 4 years 7. City agrees to review options in and around Van Eaton site with other parties Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has been working to redevelop infill sites, and has taken ownership of some larger parcels of land to stimulate that effort, both from the Waterloo Community Schools and from private developers in the near past. This is a positive effort towards working on the infill development of these sites. : p f it . '.. 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' S tt ty 1 • � %z A h xf ii-s ;', T-{ 1 F" ' a, a 1"1 ate-` *- �� 4 , 1144, 1 � � �s 1 1 i^ f m' C.' a a5. k t4?r -. 13 3'IV. , �1 !r^K. L am:- � ti -_.- '3S ,'O tt_^r w _ 1. ovt- r : k yr iL ai 6/4113.iemlod w i i .Lc1tlg Cayy"_ hr.C7 19,2.2D01 Cffi11 htc 'OLD■.�1.95ft: xis .. _r`<,: ;.f0:.„"‘-1"t:":-2t,4*-1..4'.,,.1..-5-4'.;:,„,.-'.0,T',.':1i,'.-'.,,' w ,}fig +Y 3 s # .T ''�.�; � F f E x OrJ 1 5 zr Nr�(��s.—"�. Y T -. 'fi f y�3•' S.. PLEASANT ST » .1 - ..._...._ 1 y$ i 4.: __ _ +cam S M^13^ t Yii. wtay 24 / [ tyrr 1, " t ..-.. y `•. - f �j iFFF ` ' ,� i - _: t 3 . r.. ,e -. — '.4Y{LLISTONAVE, AT.' ' ! + � t 5 - € s 1 } �� . i ',ilk' � „F' i tea14[_ dA i .an si Cu ='T z '", t i $ 1 • T "�__ 3# y i,., y` , x °y pry . 4 may tr°26 xd�l.LdMS- tt�1���gjy.�yj�£53211n4- * „� 0. 104ft., Preparer Information: Christopher S.Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2012 by and between Residential Development Partners, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Jim D. Ellis is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct single-family homes and related improvements on property located throughout the territory of the City on lands formerly owned by the school district, and legally described on Exhibit "A" attached hereto (the "Properties"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Properties; Title. Subject to the terms hereof, City shall convey the Properties to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Properties; and (d) restrictions imposed by the City zoning ordinances and other applicable law. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, DEVELOPMENT AGREEMENT Page 2 deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvements by Company. Company shall plat the Properties for development and construction of single-family homes having a value in the range of $150,000 to $200,000 each[chriswl]. Each separate lot upon which a home will be constructed shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape,--and grassing-andlor-landscaping-Ehome-c-orestruction and finishing as so described are referred to as the "Housing Improvements"). The Housing Improvements and the Infrastructure Improvements (defined below) shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Properties, the Housing Improvements, the Infrastructure Improvements and all site preparation and development-related work to make the Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". The Project shall be divided into the phases described as Baltimore, Burton, Lafayette and Williston, and the Burton and Lafayette phases may be further divided as described in Section 6. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Properties to Company and that without said commitment City would not do so. Company must undertake the actions described on Exhibit "B" attached hereto (the "Infrastructure Improvements"), within the time stated on said Exhibit "B" with respect to each separate phase. The timely commencement of Infrastructure Improvements (including completed platting) for a given phase, or for a portion thereof, is referred to the "Release Event" for such phase or phase portion. If Company has not, in good faith, begun the construction of any phase of the Infrastructure Improvements on the schedule stated in Exhibit "B" attached hereto, then title to the Properties lying within such phase shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of such phase of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Infrastructure Improvements, and if an extension is granted but construction of the Infrastructure Improvements has not begun within such extended period, then the title to the Properties lying within such phase shall revert to the City after the end of said extended period. If Company determines at any time that a phase of the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Properties lying within such phase to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If DEVELOPMENT AGREEMENT Page 3 development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Properties or, as applicable, to a given phase of the Properties or to a portion of a phase of the Properties as described in Section 6, shall revert to the City. 4. Reverter of Title; Buyout Option. Title shall not revert to City as to any Project phase, or portion thereof as described in Section 6, for which the Release Event -has-occurredAn--the-evert of any-reverter-of-tit-le, Company agrees-that it-sh-ak at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Properties that is free and clear of any lien, claim, or encumbrance arising by or through Company. Concurrently with the deed, Company shall deliver to City the abstracts of title for Properties conveyed. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Properties. If Company fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. In lieu of any reverter of title, Company shall have an option to purchase the Properties subject to reverter for a sum equal to the value of such Properties determined by appraisal, minus documented expenses actually incurred by Company with respect to such Properties (the "Reversion Buyout Price"). Said option shall be exercised by delivering written notice to City no later than the last day for commence- ment of Infrastructure Improvements pursuant to Section 3. Company shall deliver the Reversion Buyout Price to City within thirty (30) days of the date that notice of option exercise is delivered to the City. After receipt of the Reversion Buyout Price, the City shall execute and deliver to Company a written instrument evidencing release and termination of the City's reversion rights. 5. Indemnity. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Properties of any type or nature whatsoever that attaches to the Properties by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. DEVELOPMENT AGREEMENT Page 4 6. City Activities in Aid of Development. A. Demolition. The parties acknowledge that the Lafayette phase property consists of lots in Blocks 18 and 19, in Linden Place subdivision, separated by Indiana Street, and that the lots in Block 19 are clear of structures but a former school building remains on the lots in Block 18. Within four (4) years[chrisw2] from the date this Agreement is approved by city council, City shall demolish and clear the Block 18 site and thereafter convey same to Company. At Company's request, City shall convey the Block 19 lots to Company at any time after this Agreement is approved by city council. B. Assembly of Burton phase area. The parties acknowledge that the Burton-phase property-consists-ef-2 2-acces-already under City-ownership-dr id approx- imately 4.38 acres under ownership by the Waterloo Board of Park Commissioners. City shall exercise reasonable diligence and good faith efforts to acquire ownership of the parkland, or cause the parkland to be conveyed to Company. At Company's request, City shall convey the smaller, City-owned parcel to Company at any time after this Agreement is approved by city council. C. Property maintenance. Until the city council approves final platting for a phase area or portion thereof, City shall be responsible, at its own expense, for necessary mowing, snow removal and maintenance of existing sidewalks. As to any Properties under Company ownership, Company agrees to permit City employees or agents reasonable access for these purposes. 7. No Encumbrances; Limited Exception. Until the Release Event for a phase of Infrastructure Improvements has occurred, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Properties lying within any such phase, other than such mortgage or mortgages as may be reasonably necessary to finance Company's undertaking of the Infrastructure Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Properties or any part thereof for any purpose except in connection with financing of the Infrastructure Improvements. 8. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Properties and for payment of any associated connection fees. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. DEVELOPMENT AGREEMENT Page 5 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and ingood standing___ __ under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in any phase area of the Properties prior to commencement of the Infrastructure Improvements for such phase area, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 12. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: DEVELOPMENT AGREEMENT Page 6 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Residential Development Partners, LLC, 402 E. 4th Street, suite 101, Waterloo, IA, 50703, Attention: Jim D. Ellis. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage-prepaid,-or-(iv) when transmitted-by facsimile so-long as the sender obtains— written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. DEVELOPMENT AGREEMENT Page 7 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether _ oral or writtenwith respect to the subject matter hereof: 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA RESIDENTIAL DEVELOPMENT PARTNERS, LLC By: By: Ernest G. Clark, Mayor Jim D. Ellis, Manager Attest: Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. Jim D. Ellis EXHIBIT "A" Legal Description of Properties EXHIBIT "B" Project Phases Within the periods stated below with respect to each separate phase of Improvements, Company will have taken all actions necessary to plat the phase area, including but not limited to recording plat documents, and will have begun construction of infrastructure improvements, including but not limited to sanitary sewer, storm sewer, and water main. All of such actions, including the completion of platting, are referred to as the "Infra- structure Improvements." 1. Baltimore. Within five (5) years from date this Agreement is approved by the Waterloo City Council. 2. Burton. With respect to each part of the phase area, within five (5) years from the date of deed for such part, including property currently titled in the Waterloo Board of Park Commissioners. 3. Lafayette. Within five (5) years from the date this Agreement is approved by the Waterloo City Council. 4. Williston. Within five (5) years from the date that the phase area is released from flood plain designation. Project Phases Within the periods stated below with respect to each separate phase of Improvements, Company will have taken all actions necessary to plat the phase area, including but not limited to recording plat documents, and will have begun construction of infrastructure improvements, including but not limited to sanitary sewer, storm sewer, and water main. All of such actions, including the completion of platting,are referred to as the "Infrastructure Improvements." 1. Baltimore. Within five (5)years from date this Agreement is approved by the Waterloo City Council. 2. Burton. With respect to each part of the phase area, within five (5) years from the date of deed for such part,including-property currently titled in the Waterloo BBoard ofi Park-CommisSioners. 3. Lafayette. Block 19: Within five (5) years from the date this Agreement is approved by the Waterloo City Council. Block 18: Within three (3) years from the date the City demolishes and clears Block 18 for development. 4. Williston. Within five (5) years from the date that the phase area is released from flood plain designation House Building Schedule The Company agrees to build the following number of homes on the sites mentioned above. The home count shall be collective, and not limited to one site: Year 1-4 homes Year 2 -8 homes Year 3 -6 homes Year 4-6 homes Year 5-8 homes Total number of homes built by the end of year 5: 32 homes. Company and City will have a progress meeting regarding the above described improvement on July 1st of each year following approval of this agreement by the City Council. The City agrees to allow development on the sites to continue if development is imminent. _ I\ CITY OF WATERLOO , IOWA ihr PT--.gym COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 arer(00 \O NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication r COUNCIL City Council Meeting: May 21, 2012 MEMBERS Prepared: May 18, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Wed' SUBJECT: Resolution approving the Escrow Agreement between the City of CAROLYN Waterloo and Heene Family Trust as a part of the acquisition of the former COLE Happy Chef site at 218 West Mullan Avenue Ward 2 HAROLD Submitted by: Noel Anderson, Community Planning and Development Director GETTY Ward3 Recommended City Council Action: Approval of resolution as noted above QUENTIN Summary Statement: As you may recall, the City of Waterloo acquired the Ward 4 former Happy Chef site. Due to a lien being placed upon the property between the acquisition and closing period, the Heene Family Trust has some work to RON clear up the title. The attached agreement is a legal step that the City is WEEPER requesting action upon that allowed the conveyance of the HappyChef site to Wards q g p Y ICCU to continue the construction pace of the new Sportsplex Project. BOB GREENWOOD Expenditure Required: NA At-Large STEVE Source of Funds: NA SCHMITT At-Large Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has worked vigorously to help with the development of the Cedar Valley Sportsplex project— acquiring a lot of empty flood-damaged buildings, as well as the Iowa Community Credit Union. The over $20 million in private funds for the development of the Sportsplex will certainly show the commitment of the citizenry of Waterloo for the project. CITY WEBSITE: wwwci.waterloaia.us WE'RE WORKING FOR YOU! �� \ \WATERICO) An Equal Opportunity/Affirmative Action Employer �� • CITY OF WATERLOO , IOWA if 41ra•, .._ COMMUNITY PLANNING AND DEVELOPMENT :.,..... .......•• 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 .1710/ 3 NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: June 11, 2012 MEMBERS Prepared: June 8, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Ward SUBJECT: Resolution approving the FY 2013 Economic Development Grant to CAROLYN Greater Cedar Valley Alliance for work towards economic development, in the COLE amount of$28,500 base amount with $56,500 in potential incentive funds Ward 2 HAROLD Submitted by: Noel Anderson, Community Planning and Development Director GETTY Ward3 Recommended City Council Action: Approval of Economic Development Grant QUENTIN and authorize Mayor and City Clerk to sign and fully execute the document. HART Ward4 Summary Statement: Council has previously approved similar agreements with Greater Cedar Valley Alliance, at different amounts over the years since about RON WEEPER 1996. This agreement is same as last year's, with some slight changes to the Ward 5 requirements of reporting activities for Greater Cedar Valley Alliance. BOB The Greater Cedar Valley Alliance serves as the State of Iowa's single point of GREENWOODge contact for larger project leads, and then works with city officials and staff for At-Large work to try and bring such projects here. This partnership has helped to bring STEVE such companies as Ferguson Enterprises, Con Agra Foods, and others. This SCHMII I grant agreement would continue that relationship, to continue the City Council's At-Large main priority of economic development to the community through the provision of jobs, infrastructure, businesses, etc. Note — this agreement is for this upcoming fiscal year, 2013, starting July 1, 2012. The agreement calls for a payment of $28,500 — in two payments of $14,250 at December and June —for the following work efforts: - Business expansion and recruitment - Encouraging startup of businesses - Workforce recruitment and coordination - Advocacy in Des Moines and Washington DC - Improving the "Brand" through marketing, promotions, web presence, and attendance at major conferences CITY WEBSITE: www.ci.waterloo-ia.us WE'RE WORKING FOR YOU! •Ar ERl9/ An Equal Opportunity/Affirmative Action Employer There is also a potential $56,500 in additional incentives for work towards - acres of new development - amounts of taxable value - new full times jobs created All documented through a report and potential presentation to city and at end of agreement period. Expenditure Required: $28,500 with $56,500 in potential additional expense Source of Funds: bonds and TIF cash Policy Issue: NA Alternative: NA Background Information: The City of Waterloo has had a partnership for economic development efforts with Greater Cedar Valley Alliance in one form or another since about 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. i• CITY OF WATERLOO , IOWA 44r4.9 MI, COMMUNITY PLANNING AND DEVELOPMENT �,.. O� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 for o-c ` • NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: June 11, 2012 i �1(K/ / — Mayor Prepared: June 6, 2012 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL MEMBERS SUBJECT: Resolution setting date of public hearing as June 18, 2012 to sell DAVID and convey real property for the development of multi-family housing within the JONES area generally bounded by the Cedar River and Sycamore Street, and E 8th Street Ward l and the Union Pacific railroad tracks to Dolly James, LLC for$1.00, subject to the CAROLYN retention of utility and access easements over portions of the area to be conveyed. COLE Ward 2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD GE rTY Recommended City Council Action:Approval. Ward 3 QIJENI N Summary Statement: Transmitted herewith is a request by Dolly James, LLC for HARTthe sale and conveyance of property to allow for construction of six 12-unit condos Ward 4 and six garage units on the property. The Council previously approved a development agreement with the applicant, which the development agreement RON provides for the sale and conveyance of the property in question for$1.00 and WELWard PER includes a minimum assessment agreement for the new development. BOB Expenditure Required: None GREENWOOD At-Large Source of Funds: N/A STEVE SCHMITT Policy Issue: Sale of Land At-Large Alternative: N/A Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit"A". cc: Noel Anderson, Community Planning&Development Director. --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer _ -- _r irl ; -> _- 4 ;a�® ear y e Request for a Site Plan Amendment in the "R-4, R-P" _ cc ' Planned Multiple Residence District to allow for they'-.` _ Construction of a Multi-Family Housing Development. 3 TNIr Ns j , f /•- �P € y or Ittit. ' 14 a { q may° „✓ `.,. $`� ~ ;: .c,k: 1 " .A E a C.. d: _ 'r is i ax-h^M: o / x ;.r of ,1r ' ivo,1,0.„,,ts ,4cAt. ,,,t....;,:, .r.,„;t.i:e $ 4 3 Site Plan Amendment Area ` \ etik _ °k' 54 ; ; ^� yv y. Iv J h sC f, 3� f Y x x. ,' Legend Site Plan Amendment Area 150 75 ° 150 Feet 4 I i Y f i e _ i �, [ -I - - i x,-3- ri ' `•.,..f... {�^�il gi Q s 4 "".riY- {-fiery-.r-..-f.-. . ._ H O ' : . m E. / y r @ , - - it 1 I�\., ET 6 CO m r sl ^ �i 11 { T8_I a -7 - MgE mo o do o 2 C H CO cn lu1ll11lilll3l►[II1I41INIIIIIIIInlllillililllllllli1 Doc ID: 004753340005 Type. GEN Kind: SURVEY Recorded: 04/06/2012 at 10:50:1B Ar Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa JUDITH A MCCARTHY/�RECORDER F11e2012-0001834' Paul H.Helland,1107 Technology Parkway,Cedar Falls,Iowa 5061 3-6 9 51,(319-266-0161 -1F L'.y}y o 4-WgfiG,-(oo THIS PLAT OR SIO HAS BEEN REVIEWED BY ZI, r$eam�••,,„a DETAIL'A" (CITY/C Nr . 1 r ...Le• t 7 1°- SIGNATURE OF CITY/COUNTY) F4706/3329 it Net ORDINANCE ADMINISTRATOR ��A „_4,1710t„. \ SEE SHEET 2FOR PROP0EDEASEMENTS wc�awnarSEESHEET3-5( IBIT'A°)FOR LEDESCRIPTIONS• • i�'�� p�� _ter ! PARCEL LETTER APPROVED BY COUNTY AUDITOR'S OFFICE ///�� \\```"" D BREM DAHLSTR A&JAMES SULENTIC .���, __- DATES F SU: CIY: 1/ 3,27/20 2 DATESOF SURVEY: 1/23,27/2012&2y1,2/2012 1425' rn UNION PACIFIC A I ,= rn r RAILROAD I •In zJ FA SYCAMORE STREET g rn FOUND NO.4 REBAR FOUND NO.4 REBAR a-co '- FOUND NO.4 REBAR (8P A.0.W) w/YPC#7034 w/YPC#3862 0 w/YPC#8033 20 f-(ASSUMED BEARING)• S 49°32'E S 49°04% E S 49°06'/z'E �' 549°07'07'E 97.0' ---_ ,-79.95'-, --- 149.7' --- ---- 149.1' ---__ 135.15' 37.35' \ 124.5' (NFOUND N0.4 REBAR 2 1 1 It < 2 w/YPC#8033 II PA.B.i n D • I. FOUND 1'/a'D.d. 4 Q, R 0 3 4 z IRON PINCHED PIPE _ g o PARCEL "R"I :"- t‘r:I BLOCK 1 ? 3.82 ACRES 6 5 m rn 6 BLOCK22 5 W -- g� "ORIGINAL W,gTERL00 EAST" p 6. • 4. N 49°10'h'W 97.75' iFOUND NO.4 REBAR(TYPCWL) VACATEDco WATER STREET----- --• N59°16'W 27.95' iVIA,_ill�Ir 10 44 (80'R.O.W.)) • • s -0=a 11 r e �.t.""_Oh— j mE'0 N 40°48%'E 87.6' 1.; "ILfrim �L\.-"""\���\\�,_ ��,/ o; griD C- � ,, Z SE DETAIL'A' m A w N L7 0, C C CEDAR RIVER r8 V (T - (BEARINGS ARE ASSUMED) THIS SURVEY MEETS/OR EXCEEDS CURRENT'MINIMUM STANDARDS FOR PROPERTY SURVEYS' 0' 50' 0' 200' HELLAND ENGINEERING&SURVEYING,LTD. (�)RECORDED NO.4 REBAR X 24'LONG W/ORANGELE N PI S11C12-1 CAP A 16505 HES 1107 Technology 50613-y SCALE: 1°=100' PROJECT#12-110 Cede- -,Iowa 50613695t SHEET 1 OF 5 DPC PLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) (319)-266-0161 I hereby certay that this land surveying document was prepared PLAT OF SURVEY OF _ a01NEER a'• ,, and the tabled survey work was perlormed by me or under myBLOCK 22&PART BLOCK!''., Sired personal Demsmn andthe e f loves. y licensed land "ORIGINAL WATERLOO EAST" _� ::-......,.• io', Surveyor laws N the Slate of lows. =P a PAUL H. H: ,i, -'e""z- VACATED WATER ST.,VACATED E.7TH ST., gy E HELLAND ; k, 1 H.Holland &FRACTIONAL LAND LYING EAST OF CEDAR RIVER o .,• ... . T lizi cense Numbar65a5 Is WATERLOO,BLACK HAWK COUNTY,IOWA . ',.6e •••••••• 0. Al pages or sheets icense renewal are covered byNis seal except 1OW P ,__ �` FOR BRENT DAHLSTROM&JAMES SULENTIC Y Paul H.Helland,1107 Technology Parkway,Cedar Falls,Iowa 50613-6951,(319)-266-0161 t 1 f LEGEND FOR THIS SHEET ONLY )e( WATER VALVE 1 ❑ MANHOLE ��\\\ PROPOSED UTILITY EASMENT A 13 FIRE HYDRANT(PROPOSED TO BE MOVED) �///2 PROPOSED ACCESS EASEMENT B' PROPOSED LOCATION FOR FIRE HYDRANT f —_—=— SANITARY SEWER UNE "'1' PROPOSED UTILITY EASEMENT _—.—w— WATER I INE I"" onOPOCED ImLTT'E(mEMENT _ v _—_— PROPOSED WATERLINE m I x p m 174 N 49°32'W 40.75' (71 SYCAMORE STREET m (80 8 o.w; T N 49°043/4 W N 49°06W W 4= }� -- 149.7' --- /�_ -- 149.1' ---_ P.O.C. o Gil 0 0 , f C, `Y L 111 LL1J1L �1 1'.111LU11L1W11L9 Zp i,�.4, 2 1 I �1/4 ♦ 2 b 1 II P.O.B.CL 1 y 0 '� 1 50.0' `�1 I 3 4 k- 30 01 3 4 1101 I 30.0'I �, —'Aco — y BLOCK i o 0 20.0' s _. 6 5 ', . �A 6 BLOCK 22 5 na 42 co <'♦ 1 co 7 8 4�� / 7 8 m ►0'• I S 35°30'E 90.25' S 48°28%;E •. .,..•'� ' y sAN. 1 ----115.55'-_ i* / io i P.O.B. ...,.1 • •=..• „ P.O.T.CL , o :- / 111111111111 11/1v '� . _---- S 46°39'E 301 0' i co 0 ol� ��� �\ / •. ., _._■ T 7T1-!'ITT I O p vi N '-.-�__. - N C. .11 m crl ryry Z �'p IJ1 C . C.n tv co ? 09D.' CEDAR RIVER g u., rn °D (BEARINGS ARE ASSUMED) THIS SURVEY MEETSJOR EXCEEDS CURRENT'MINIMUM STANDARDS FOR PROPERTY SURVEYS' 0' 50' 1 6o, 200' HELLAND ENGINEERING&SURVEYING,LTD. • SET NO.4 REBAR X 24°LONG W/ORANGE PLASTIC CAP#6505 1107 Technology Parkway (OD')RECORDED AS FILE NAME: 12-110P.OWG Cedar ,Falls Iowa 50613-6951 SCALE 1"=100 PROJECT#12-110 '" (319)-266-0161 SHEET 2 OF 5 OPC PLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF BLOCK 22&PART BLOCK 1, "ORIGINAL WATERLOO EAST' t. VACATED WATER ST.,VACATED E.7TH ST., &FRACTIONAL LAND LYING EAST OF CEDAR RIVER • WATERLOO,BLACK HAWK COUNTY,IOWA FOR DOLLY JAMES,LLC EXHIBIT"A" THIS PLAT REPRESENTS A SURVEY OF PARCEL"R" That part of Lot Nos.1,4,5,8,&9 in Block 1 and all of Block 22 and Vacated East 711'Street lying between Block 1 &Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 &Block 22,all lying in the"Original Plat on the East side of the Cedar River,City of Waterloo",and part of the fractional land lying between the Cedar River and Block 1 &Block 22 in the"Original Plat on the East side of the Cedar River,City of Waterloo",Black Hawk County,Iowa,described as follows: Beginning at the Easterly corner of said Block 22 in the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2"rebar with license#8033; thence along the Southeasterly line of said Block 22 in the"Original Plat on the East side of the Cedar River,City of Waterloo",also being the Northwesterly line of East 8"'Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File#2003-00025496 in the Office of the Black Hawk County Recorder South 40°43'West a distance of 334.75 feet to a set 1/"rebar with license#6505; thence North 48°42'West a distance of 207.8 feet to a set 1/2"rebar with license#6505; thence North 39°33'West a distance of 102.55 feet to a set 1//"rebar with license#6505; thence North 48°55'West a distance of 62.45 feet to a set 1/2"rebar with license#6505; thence North 73°54'West a distance of 104.5 feet to a set 1/2"rebar with license#6505; thence North 49°30'West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book#2006 23029 in the Office of the Black Hawk County Recorder,point being a set'1/2"rebar with license#6505; thence along said Southwesterly extension North 40°483 East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book#2006 23029,also being on the Southeasterly right-of-way line of the Union Pacific Railroad,point being a found'1/2"rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book#2006 23029,also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/4'East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street,point being a set 1/2"rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07"East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the"Original Plat on the East side of the Cedar River,City of Waterloo",also being the Northerly corner of Vacated East 7th Street,point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32'East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2"rebar with license#7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041/4 East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found%rebar with license#3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°0612'East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the"Original Plat on the East side of the Cedar River,City of Waterloo"is assumed to bear South 49°07'07"East for this description. SHEET 3 OF 5 DESCRIPTION OF PROPOSED UTILITY EASEMENT That part of Vacated Water Street generally lying Southwesterly of Block 1 &Block 22 in the"Original Plat on the East side of the Cedar River,City of Waterloo",and part of the fractional land lying between the Cedar River and Block 1 &Block 22 in"Original Plat on the East side of the Cedar River,City of Waterloo", Black Hawk County,Iowa,described as follows: Commencing at the Easterly corner of said Block 22,point being a found 12"rebar with license #8033; thence along the Southeasterly line of said Block 22 in the"Original Plat on the East side of the Cedar River, City of Waterloo",also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File#2003-00025496 in the Office of the Black Hawk County Recorder South 40°43'West a distance of 328.2 feet to the point of beginning; thence along the Southeasterly line of said Acquisition Plat recorded in File#2003-00025496 South 40°43'West a distance of 6.55 feet to a set 1/2"rebar with license#6505; thence North 48°42'West a distance of 207.8 feet to a set 1/2"rebar with license#6505; thence North 39°33'West a distance of 102.55 feet to a set 1/2"rebar with license#6505; thence North 48°55'West a distance of 82.45 feet to a set 1/2"rebar with license#6505; thence North 73°54'West a distance of 104.5 feet to a set 1/2"rebar with license#6505; thence North 49°30'West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book#2006 23029 in the Office of the Black Hawk County Recorder,point being a set 1/2"rebar with license#6505; thence along said Southwesterly extension North 40°483/'East a distance of 67.05 feet; thence South 48°283/a'East a distance of 115.55 feet; thence South 35°30'East a distance of 90.25 feet; thence South 46°39'East a distance of 301.0 feet to the point of beginning. Subject to restrictions,easements, covenants,ordinances,and limited access provisions of record and not of record. SHEET 4 OF 5 DESCRIPTION OF ACCESS EASEMENT The Southeasterly 30 feet of the following described tract That part of the above described Parcel"R"lying 20 feet on each side of the following described centerline: Commencing at the Easterly corner of said Block 22,point being a found 1/2"rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°061/2'West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2 rebar with license#3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°041/4'West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2"rebar with license#7034; thence along the Northeasterly line of said Vacated East 73i Street North 49°32'West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°04% West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R",point being thepoint of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel"R"and the Southwesterly line of said Parcel"R". DESCRIPTION OF UTILITY EASEMENT A 50 foot Utility Easement described as follows That part of the above described Parcel"R"lying 20 feet on the Northwesterly side and 30 feet on the Southeasterly side of the following described centerline: Commencing at the Easterly corner of said Block 22,point being a found 1/2"rebar with license #8033; • thence along the Southwesterly right-of-way line of Sycamore Street North 49°061z'West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2 rebar with license#3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°041 'West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the"Original Plat on the East side of the Cedar River,City of Waterloo",point being a found 1/2"rebar with license#7034; thence along the Northeasterly line of said Vacated East 7"'Street North 49°32'West a distance of 40.75 feet to the point of beginning of said centerline; Thence South 40°043/;West a distance of 315.95 feet to the Southwesterly line of the above described Parcel"R",point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel"R"and the Southwesterly line of said Parcel"R". DESCRIPTION OF UTILITY EASEMENT The Northeasterly 8 feet of the Southeasterly 364 feet of the above described Parcel"R",lying adjacent to Sycamore Street. SHEET 5 OF 5 TERI-001 IOWA OF WA r' 'T Y VELOPMEN 319 291 4262 �y 319}291-4366 Fax( } ■ TY PLANNING AND DE driler4i* reef • NI Iowa 50703 5783 ""�s Street •• Waterloo, &Development Director ,,,,,.. i 715 Mulberry NOEL C.ANDER�ON'Community Planning Council Council Communication 1,.tU1/4-6'1 2 City Council-Meeting: une 11 20 Prepared:lune ----- _------ —_ Maya,. Dept.Head Signature: BUCK # of Attachments: ___- portions of Jackson and CLARK SUBJECT:Request by Union Baptist Church to vacate p COUNCIL Merriman Streets to allow for the development of mini storage. MEMBERS Noel Anderson, Community Planning&Development Director ..............•••.• Submitted by: Council set a date of public DAVID Recommended City Council Action:That the City JOrdES hearing and publish an official notice pertinent execute the e rrequest to vacate, sell and Ward convey, and have the Mayor and City Clerk CAROLYN vacate would comprise of a 60'x 500' or COLE Summary Statement:The proposed ' 0 for the Ward 2 30,000 sq. ft. of portions of Jackson and Merriman Streets.The purpose HAROLD request to vacate is to allow for orderly development of a 79-unit mini storage GETTY The portions of right of way to be vacated are considered to be very lightly traveledale. portion of street will not have a negative impact on wards therefore,vacating this QUENTIN traffic in the area. HART ward 4 There is a 6"waterline with the area to be relocated that will be relocated at the RON owner's expense.The applicant has been working with the Waterloo Water Works WELPER to develop a plan to do so- Ward 5 BOB The asking price of$9,600 was calculated by using adjoining assessed values and GREENWOOD calculating and average per sq ft price,which is .32 cents. However,the Sale of At-Large Property Policy allows for 70%of the assessed value($6,720) as a legitimate offer STEVE price.Applicants can also offer less than the assessed value when there are costs SCHlvlrt'T associated with the vacate such as surveying or in this case the relocation of the 6" At-Large waterline that is estimated to cost$20,000 to relocate. Although the amount is not known at this time,there will be future taxes paid on structures themselves, as mini storage structures are for profit therefore taxes will be paid to the county.The offer price for the streets submitted by Union Baptist Church is $1.00. Considering the factors mentioned above it would appear that the offer price of$1.00 meets the Sale of Property Policy. Expenditure Required:N/A Source of Funds:N/A Policy Issue:Un-needed excess right-of-way CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1 w a r e a:c An Equal Opportunity/Affirmative Action Employer City of Waterloo Planning& Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (319)291-4366 'Qffer to Vacate and Purchase City Right-of-Way U Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement U Sale of City-Owned Property Applicant: hio,� t—�h4 dress: Phone No.:-.1 1 - General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc., demolition,remove of curbs,etc): C Q 000 i VU.o t;i h Asking price—Deductions=Value of Property: It9 Ca Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Request to Vacate Portions of Jackson Street and ; [ l! Merriman Street by Union Baptist Church at 130 Jackson St -fir .1 ` ..7.f--:a -, , - i .n a- a 4.4.., �* s - .e iz -N^•�s„4 � lF C t Y; g.. ,.+- r.° 3t.'.: ✓#s r.` ,._ .-.m „s-r— - r'--�1sb. A�d " amr u 4 - , . t �f N s . r �S ° ' 4 £eg .FF$ i t ,z. ,i L. ! ce K L roa, al b ` 4.1 3 A . co 2 _ -vs p7, r s i Shilliam Street, ;' 4 - v = :f. °s' x;4 1 - ` n r "�pr> +ram' A -I as ♦ i as , Y a }` i' Jackson Street _ ;� ` ' palm 3f, a It- ._vb '�3i9 r t ! • t , i ,, �.., -�.. P't. ,:ski i - ' 3 4. MIMI ..1 . h v tt gEj • \\ g pv 4 il Area Requested to be Vacated '�.« s ,� __ '- x 'iyi "�. ` ) ,b. ,j�,� '. n ' 4' 111.:*!,,* 1 :vi,>._,,,.i. .',V,, ,_ I,,,, N. _ , ; % ' Canadian National F 14 _ 4.,r, a.4 Rail Yard a `,, to -'y , ' `,..... ,, -4 `�. � -- t i\SV�'6,. f l 1 '+� at.i - Feet - - _ �i zt C_na ,r rL.�rs ! d if r > /rF 2 [ff 'f. .gyp 5 `-„-t? •, +, i•" "+k - r ram,. -•.; e cy ate` k.' y, ' * ,. z s T ,�i! '..3�5 2F '!` .tom ('' 1-, 4 ''- -- � - ,z}.'�_'-.`� s 5 �$ ., F� ",fir 'f .,,:'4 r s m�+ r"- ;? e -r a'':"r 1j�rk.- n� J g a i zs- mJ ;r ' sF� `r 4 , .. iA? m 3 I ,',4- - C a t-."'-., r-� _, t a'E 3 - —_ ,s"'^Y ice",. e_ �. - _ 3 b tee,ty y frjk I y r K f *' s.-. s '+'x .. it ? ill _- f MA^..su- J�.i. - , f __ May 1,2012 REQUEST: Request By Union Baptist Church to vacate portions of Jackson and Merriman Streets to allow for the development of mini storage. APPLICANT: Union Baptist Church — 209 Jackson Street GENERAL The applicant is requesting to vacate the portions of Jackson and DESCRIPTION: Merriman Streets located adjacent to Block 7 of Shilliams 3rd Addition to allow for mini storage. IMPACT ON The area in question is principally residential in nature. Union NEIGHBORHOOD & Baptist Church is located directly to the north. The Canadian SURROUNDING Northern Railroad switching yard is located to the south and west. LAND USE: There is a home at 118 Shilliam that is immediately adjacent to the west of the area to be rezoned, however, it is fire damaged and vacant. The church owns the vacant lots to directly to the east, which were recently approved for mini-storage development. VEHICULAR & Jackson, Merriman, Shilliam, and Halstead Streets, which are PEDESTRIAN considered local streets, serve the proposed vacate area. There TRAFFIC are sidewalks along Jackson and Shilliam Streets. CONDITIONS: RELATIONSHIP TO There are no trails near the area to be vacated. RECREATIONAL TRAIL PLAN: ZONING HISTORY The proposed area to be vacated is currently zoned "R-2" One and FOR SITE AND Two Family Residence District and has been zoned as such since IMMEDIATE VICINITY: the adoption on the zoning ordinance in 1969. Properties in the immediate vicinity are also zoned as such with the exception of the switching yard to the south which is zoned "M-1" Light Industrial and the area to the east that was rezoned to "C-2, C-Z" by Union Baptist Church for mini-storage development. DEVELOPMENT The majority of the surrounding area is comprised of one and two HISTORY: family dwellings. In December 2010, the applicant purchased vacant lots and vacated an alley to east of the area to be vacated and rezoned the property from "R-2" to "C-2, C-Z". FLOODPLAIN: The area to be vacated is in the Zone X, which is not a special flood hazard area as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 3, 1985. PUBLIC /OPEN East High School is located 950 ft south of the site, and SPACES/ SCHOOLS: Cunningham School for excellence is located 5 blocks north of the site. UTILITIES: WATER, There is an 8" sanitary sewer line runs along Jackson, Merriman, SANITARY SEWER, and Halstead Street. There is a 21" storm sewer line that runs STORM SEWER down Halstead Street. There is also a 6" waterline in the area to be vacated that will need to be relocated at the applicant's expense. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential. The Comprehensive Plan promotes the highest and Page 1 of 2 Alley Vacate for Mini Storage May 1,2012 LAND USE PLAN: best use of land as well as Smart Growth. If the street is not needed for future and present city needs this request would be in conformance with the goals and objectives of the Comprehensive Plan STAFF ANALYSIS — The proposed vacate would be comprised of an approximately 60' ZONING x 500' or 30,000 sq. ft. portion of Jackson and Merriman Streets. ORDINANCE: The purpose for the request to vacate is to allow for orderly development of a 79-unit mini storage facility. The portions of right of way to be vacated are considered to be very lightly traveled therefore, vacating this portion of street will not have a negative impact on traffic in the area. There is a 6" waterline with the area to be relocated that will be relocated at the owner's expense. The applicant has been working with the Waterloo Water Works to develop a plan to do so. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends the request to vacate the 60' x RECOMMENDATION: 500' sq. ft portions of Jackson and Merriman Streets for the purpose of constructing a mini-storage facility, be approved for the following reasons: 1.The request to vacate would not appear to have an adverse affect on the neighborhood. 2.The request would dispose of right-of-way that is not heavily used and not needed for present or future public purposes. Subject to the following: 1. That the applicant shall be responsible for removal and disposal of the street and sidewalk located within the area to be vacated. 2. The City will not transfer ownership to the applicant until a contract is in place with the Waterloo Water Works to relocate the water line in Jackson and Merriman or that an easement is put in place over the entire area in question. Alley Vacate for Mini Storage Page 2 of 2 CITY OF WATERLOO , IOWA 4 Aifir" ��� COMMUNITY PLANNING AND DEVELOPMENT 4...�-4 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 4'et100 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: une 11 2 ` BUCK Mayor Prepared:June 6. 2012 /1--layc -- 2- 9efCLARK Dept. Head Signature: "- # of Attachments: l COUNCIL MEMBERS SUBJECT: Request by R&M Metals to vacate a 33'x 74' portion of alley located in Block 14 of Hayes Addition bounded by Commercial and W. 18th Streets. DAVID JONES Submitted by: Aric Schroeder, City Planner Ward l CAROLYN Recommended City Council Action:That the City Council set a date of public COLE hearing and publish an official notice pertinent to the request to vacate, and have Ward 2 the Mayor and City Clerk execute the same. HAROLD GETTY Summary Statement: Staff feels that the request to vacate the 33'x 74' dead-end Ward 3 portion of alley would not appear to be a negative impact. The applicant has been QUENTIN using the area for a number of years for storage of various items. Code Enforcement HART brought the matter to staffs attention. Staff feels that the area is not needed for city Ward 4 purposes and will not appear to negatively impact the area in question. The RON vacation of a portion of the alley that is currently being utilized will continue to WELPER allow an existing business to continue it's operations in the City of Waterloo. The Wards current city policy does not allow for the creation of dead-end segments of right-of- BOB way, but the alley in question is already a dead-end and the request will only GREENWOOD shorten the length of the of the dead-end alley. At-Large STEVE Expenditure Required:N/A SCHMITT At-Large Source of Funds:N/A Policy Issue: Un-needed excess right-of-way Alternative: N/A Background Information: N/A cc: Noel Anderson,Community Planning 6c Development Director CITY WEBSITE: wwwcs.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer February 7,2012 REQUEST: Request by R&M Metals to vacate a 33' x 74' portion of alley located in Block 14 of Hayes Addition bounded by Commercial and W. 18th Streets. APPLICANT(S): Rodger Tompkins, 1728 Valley High Drive, Cedar Falls, Iowa, 50613 GENERAL Request to vacate the 2,442 SF portion of dead-end alley DESCRIPTION: bounded by W. 18th and Commercial Streets for the purpose of using the area for storage. IMPACT ON The request to vacate the 33' x 74' dead-end portion of alley NEIGHBORHOOD & would not appear to have a negative impact on the SURROUNDING surrounding neighborhood as it dead ends at the applicant's LAND USE: property and has been used by the applicant as storage for a number of years. VEHICULAR & The request to vacate the 33' x 74' portion of alley would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic as this portion of alley dead-ends at the applicant's CONDITIONS: property. RELATIONSHIP TO There is the Cedar River Loop bike trail that runs along the RECREATIONAL levee to north. TRAIL PLAN: ZONING HISTORY The site has been zoned "M-1" Light Industrial District since FOR SITE AND adoption of Zoning Ordinance No. 2479 in 1969. IMMEDIATE VICINITY: BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate of the alley would not have an adverse impact on drainage in the area. DEVELOPMENT The area consists of primarily industrial uses and it appears HISTORY: that the alley was originally platted as a dead-end. FLOODPLAIN: This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. PUBLIC /OPEN There are no schools located near the site in question. SPACES/ SCHOOLS: Lafayette Park is located to the north on the north side of the Cedar River. UTILITIES: WATER, No utilities are known to be within the are requested to be SANITARY SEWER, vacated. STORM SEWER, Vacate-Alley-R&M Metals Page 1 of 2 February 7,2012 ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with such LAND USE PLAN: designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — Staff feels that the request to vacate the 33' x 74' dead-end ZONING portion of alley would not appear to be a negative impact. The ORDINANCE: applicant has been using the area for a number of years for storage of various items. Code Enforcement brought the matter to staffs attention. Staff feels that the area is not needed for city purposes and will not appear to negatively impact the area in question. The vacation of a portion of the alley that is currently being utilized will continue to allow an existing business to continue it's operations in the City of Waterloo. The current city policy does not allow for the creation of dead-end segments of right-of-way, but the alley in question is already a dead-end and the request will only shorten the length of the of the dead-end alley. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 2,442 SF of the unused platted alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request to vacate will allow an existing business to continue it's operations in an efficient manner in the City of Waterloo, and the existing dead-end alley would just be shortened. Vacate-Alley-R&M Metals Page 2 of 2 CITY OF WATERLOO , IOWA .4010. COMMUNITY PLANNING AND DEVELOPMENT �y m 3% 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d'erl00 "0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication iketritq'. 4S/ � +2Mayor City Council Meeting: June 11, 2012 LL BUCK CLARK Prepared: June 6, 2012 dtetz--:?y4k______ Dept. Head Signature: # of Attachments: a2 K COUNCIL _MEMBERS SUBJECT: Resolution setting a date of hearing as June 18, 2012 to amend the DAVID City of Waterloo Zoning Ordinance No. 5079 by updating the regulations JONES pertaining to alcohol sales related businesses. Ward I CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward2 Recommended City Council Action: Approval. HAROLD GETTY Summary Statement: Staff is proposing an amendment to the Zoning Ordinance that Ward 3 will place further restrictions on the placement and operation of alcohol sales related businesses. In 2009 and 2011 Zoning Ordinances changes were adopted to place RQUENTTIN additional restrictions on alcohol sales related businesses. The changes have worked ward4 to some extend,but have not done enough to avoid undue concentration and other negative secondary effects of such uses. Recently the City Council adopted a RON moratorium on the issuance of any new alcohol licenses in certain areas of the City WELPER and requested that City staff review the Ordinance and determine what additional changes were needed to properly address the concerns that such uses are causing. BOB Attached is a memorandum that includes a summary of the proposed amendment. GREENWOOD At-Large At the June 5,2012 Planning, Programming and Zoning Commission meeting, the STEVE Commission unanimously recommended approval of the amendment. SCHMITT At-Large Please find attached the sections of the Zoning Ordinance being amended. Therefore, we request the City Council set a date of public hearing on the Zoning Ordinance amendment request as June 18,2012, and publish an official notice pertinent to the requested amendment. If you have any questions,please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use/Zoning CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer Alternative: N/A Background Information:At the April 9, 2012 Council meeting, a moratorium was approved for a period of 90 days for any new alcohol-related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Overlay District. The moratorium is set to expire on July 7, 2012. The proposed amendment would either need to be adopted and published prior to July 7th, or the moratorium would need to be extended. Legal Description: N/A cc: Noel Anderson, Community Planning&Development Director --file— ,�,116 CITY OF WATERLOO IOWA 4111, �L• a COMMUNITY PLANNING AND DEVELOPMENT q�f .,...__`O� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Or'I oO NOEL C.ANDERSON,Community &Development Director MEMORANDUM Mayor BUCK To: Planning and Zoning Commission Members CLARK From: Aric A. Schroeder, City Planner' COUNCIL MEMBERS Date: 05/24/12 RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales DAVID Related Businesses JONES Ward l In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional CAROLYN restrictions on alcohol sales related businesses with a purpose of avoiding undue ardE CO concentration of certain alcohol sales uses,to mitigate the secondary effects of certain alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of HAROLD property value due to incompatible uses, and otherwise to promote the general purpose of GWard 3 E TY the Zoning Ordinance. The changes have worked to some extent,but have not done enough to avoid undue concentration and other negative secondary effects of such uses. Recently QUENTIN the Waterloo City Council adopted a moratorium on the issuance of any new alcohol HART licenses in certain areas of the City and requested that City staff review the Ordinance and Ward 4 determine what additional changes were needed to properly address the concerns that such RON uses are causing. Therefore, staff is proposing to further amend the Zoning Ordinance, WELPER placing further restrictions on the placement and operation of alcohol sales related Ward 5 businesses. Please review the attached amendment for further details,but here is a summary BOB of the amendment: GREENWOOD AG-Large The amendment would further expand upon the definition for"Alcohol Sales Use", requiring that all alcohol sales uses be classified as either: 1) an Incidental Alcohol STEVE Sales Use,2)a Limited Alcohol Sales Use(off-premise consumption),3)a Limited scHlvlrrT Alcohol Sales Use(on-premise.consumption),4) a Non-Limited Alcohol Sales Use At-Large (off-premise consumption),or 5)a Non-Limited Alcohol Sales Use(on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60% for any limited alcohol sales use (uff-piemise consumption) - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through,drive-up or similar system, and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31,2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/A(flnnallve Actton Employer had such a window or system,but in a separate proposed amendment to the Code of Ordinances (not part of the Zoning Ordinance Amendment), an amendment would provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction, in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system, regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such-a system,and an exception is providediorgrocery store merchandise pick-up,as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use from displaying any image,verbiage or signage that makes use of the words"alcohol", "beer", "wine", "liquor", or any variant or synonym of any such work, or any type of such beverage, or that indicates or suggests that such beverages may be purchased in or upon the premises. Any existing business displaying such signage shall have until December 31, 2013 to conform to the requirements. This would only apply to limited alcohol sales uses, and not non-limited alcohol sales uses such as bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts"in the Broadway,Logan, E. 4th and Church Row Neighborhood (see attached map). Within these overlay districts,no new alcohols sales use, other than incidental alcohol sales uses, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non- conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3" Central Business District, as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage of sale and retail floor space, and shall not be "grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009, where insufficient information is available for a determination between a limited or non-limited alcohol sales use, the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for such a determination. - The amendment would require that, in connection with any application for renewal of a liquor control license, a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use, including certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as the appropriate category of limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment 05/24/2012 staff memo 05-24-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses CHAPTER 3 DEFINIIIONSC I IAPTBR 3 Ns 1D-3-1 DEFINITIONS. a. Human genitals in a state of sex- ltel-sales•use;(ii) a dub or hotel or ual stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- ual intercourse or sodomy;or nances, (iii) an open-air event of not more than five€eur days'dura- c. Fondling or other erotic touching lion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast lidy owned sports complexes or Alcohol Sales Uses: The following defini- facilities, er-(iv) non-profit educa- tions shall govern the interpretation of the tiO institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other —1r Uses;P4otected similar incidental-alcohol-sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a Orin- plicable to alcohol sales uses gen- cipal use;a house of worship;a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 4.b.Limited Alcohol Sales Lisa (off- center or public specialized recreation premise consumption), which shall facility as identified in the parks and include an-Any alcohol sales use recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or phar- ic/convention center; a community macy , provided residential facility; a mission. How- that more than sixty y-WO) ever, this definition shall not apply if percent of its gross income is de- the protected use is a legal non- rived from, and more than sev- conforming use. enty-five (75) percent of its retail floor space is devoted to, the sale 2. Alcohol Sales: The sale of alcohol and of merchandise, services for on- alcoholic beverages, as each such term premises enjoyment, food, and is defined in Chapter 123 of the Iowa beverages other than alcoholic Code, including but not limited to (i) beverages, in either case not in- liquor, beer or wine in closed contain- duding the sale of tobacco prod- ers intended for off-vremisesite con- ucts, lottery tickets, or pumped sumption, and (ii) liquor, cocktails, vehicle fuels such as gasoline, die- shots, wine, beer and any part of an sel and similar products, and pro- alcoholic beverage intended for on- vided further that not more than site consumption. twenty-five (25) percent of its 3. Alcohol Sales Use: Any business that gross income as so determined is derives income from alcohol sales, derived from the sale of alcoholic Alcohol sales uses shall be classified beverages other than beer or wine. as one of the following: c. Limited Alcohol Sales Use ((m- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall includerether-tan {i) include restaurant tLaa li to d _,_ sales-use-is-(i) a restaurant that is 4 CHAFFER 3 DEFINIIIONSCHAFI'ER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent ment. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, ting property. and (ii) an alcohol sales use pro- viding facility and product or ser- Animals, Farm: Animals other than vices rental, such as a bowling al- household pets, such as livestock, that, where ley, in which case more than fifty permitted, are kept and maintained for corn- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared—food—an&__non= Animals, Household Pet Includes, but is alcoholic beverages. This use etas- not limited to, dogs, cats, rabbits,birds, ham- sification shall not include dance sters, and other similar animals kept for fam- halls, night clubs or similar facili- ily enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals,prepared food or product ',Kennel". sales other than alcoholic bever- ages. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to, horses, cows, pigs, sheep, chickens on-premise consumption that fails and poultry (exduding roosters), goats, os- to meet the gross income stan- triches, rheas, emus, farm deer, and other dards stated above shall be elassi- similar animals that are typically raised for fled as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change, supplement, revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, Le., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use Apartment House: See Dwelling, Multi- with on-premise consumption that does not meet the definition of ei- ple• ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar,tavern,night club, private property or consigned goods, except 5 CHAPTER 3 DEFINITION 3 DEFINITIONS 10-3-1 DEFINITIONS. nor walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Com- above. mission and other gaining facilities which may Area Ratio: The gross floor area of not be licensed by the State of Iowa Rac- al buildings on a lot divided by the lot area ing & Gaining Commission. [Ordinance 4735, on which the building or buildings are lo- . 10/I8/04] cated. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the Private motor vehicles of the families resident sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal --used-shall -be-determined-by-a-fraction, the structure shall be considered as part of the numerator of which is the total square foot- principal structure and subject to all yard re age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may indude such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products; for the render- space includes enclosed display cases. The mg of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs g Bless of the actual floor space that is phys- of a major type are defined to be spray paint ically occupied. ing, body, fender, clutch,transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re the residents by blood or adoption pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abutting.a street, or the lot line of tires. that the principal structure faces if no lot line abuts a street, public or private. For double Group Home A facility that is not regu- frontage lots, the front lot line shall be the lated under Chapters 135C or 237 of the Iowa street lot line that the principal structure faces Code or other state law and which,regardless or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring per- roulette, slot machines, blackjack, and other sonal assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- ll CHAPTER 5 GENERAL REGULATIONPTER 3 DEFINITION 10-5-1 GENERAL REGULATIONS. ;, seen from off the premises or by the addition of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subset- date of non-conformity amendment and upon tion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, recon- carried on diligently, or upon which a build- structed,or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- tion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. Tied on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land,Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises, and Non-Conforming Lots. ing building has been substantially begun preparatory to rebuilding, such excavation, Intent. There exist lots, structures, uses of demolition or removal shall be deemed to be Iand and structures, and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Deleting Uses. The use of hire amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided tinned even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed,but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted, a single fam- Ordinance to be incompatible with permitted ily dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of tions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPTER 5 GENERAL REGULATIONSOHAPTER 3 DEFINITIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- phrable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or width,or both,of the lot shall conform a no sformie exists as of the date to the regulations for the district in of nonconformity that could not be which such lot is located. built after the date of non-conformity under the terms of this Ordinance or No portion of said Iot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- reguirements established by this Or- tore, such structure may be conUnued __ dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity, be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- lion of structure be destroyed by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- be moved in whole or in part to struction, it shall not be recon- structed except in conformity with any portion of the lot or parcel the provisions of this Ordinance.other than that occupied by such use at the effective date of adop jOrdinance3393, 6/10/85J tion or amendment of this Ordi- c. Should such structure be moved nance; for any reason for arty distance c. If any such non-conforming use of whatsoever,it shall thereafter con- land ceases for any reason for a form to the regulations for the dis period of more than one (1) year, trict in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure and premises in combination, exists as d. No additional structure not con- of the date of non-conformity that forming to the requirements of this Ordinance shall be erected in would not be allowed after the date of non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONSCN APTER 3 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted lisp, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district, and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, ex- non-conforming use of a structure tended, constructed, recon- or structure and premises in con- structed,moved,or structurally al- bination is discontinued or aban- tered except in changing the use of doned for twelve (12) consecutive the structure to a use permitted in months or for eighteen (18) the district in which it is located. months during any three (3) year The use of premises shall be gov- period (except when government erred by the requirements of 10-5- action impedes access to the prem- 1(3)(3); ises), the structure or structure and premises in combination shall b. Any non-conforming use may be extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of arranged or designed for such use the in which it is located. at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in conbi- nation with other reasons, and made, any non-conforming use of a structure,or structure and prem- continued the alcohol sales use is dis- continued or abandoned for three ises, may, as a special exception, be changed to another non- (3) consecutive months (except conforming use provided that the when government action impedes Board of Adjustment, either by access to the premises), the struc- general rule or by making findings tore or structure and premises in in the specific case, shall find that combination shall not thereafter be the proposed use is equally ap- used as an alcohol sales use except propriate or more appropriate to in conformity with the regulations the district than the existing non of the district in which it is lo- conforming use. In permitting Gated. This paragraph shall apply such change, the Board of Ad- equally to (i) the cessation of a jusiment may require appropriate business that is an alcohol sales conditions and safeguards in ac- use, (ii) a business that holds a li- cord with the provisions of this cense or permit to operate as an Ordinance; alcohol sales use but fails to con- tinuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICrCf4APTER 3 DEFINITIONS 10-14-1 REGULATIONS. Animal Hospital or Veterinary Clinic, Jewelry Store provided all phases of the business Landscape Gardener conducted upon the premises be with- in a building where noises and odors Launderette(Laundromat) are not evident to adjacent properties Meat Locker,storage and retail sales only Antique Shop Music Store Apparel Shop Paint and Wallpaper Store Bakery,retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service —Rocicstore Ra o an evislon tudios, pro- Candy Shops,retail only vided that any towers or transmitting Car Wash facilities are in accordance with Sec- tion 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Coffee House Shoe Repair Shops Collection Office or Public Utility Sporting Goods Commercial Parking Lots for passen- Tailor Shop ger vehicles in. accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/091 ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein,further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo -alcohol Financial Institution sales use shall sell or dispense al- Florist and Nursery Shop,retail only coholic beverages via a drive- through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in f e Lion 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window Grocery or system before adoption of Or- dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall Household Appliances,sale and repair comply with the requirements of 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICTCHAPTER 3 DEFINITIONS 10-14-2 BULK REGULATIONS. this paragraph, no later than De- determines that the proposed use is cember 31, 2013. not similar in nature, it shall be con- b. -For the establishment of new lim- sidered a proposed use not covered ited alcohol sales use locations, by title, as regulated in 10-5-1(R). fencing or other approved screen- B. Accessory Uses: ing shall be constructed along the 1. The following accessory uses are per- property line with any abutting miffed in a"C-1" District protected use, unless determined by the City Planner or designee to a. Accessory uses permitted in the be infeasible. [Ordinance 4976, "R-4" District 11/23/09] b. Storage of merchandise incidental c. No establishment that is_a_limited _ tQthe principal use may_be_storeci alcohol sales use shall exhibit on in the principal building on the lot the exterior of the premises any in question,but not to exceed forty image or verbiage that makes use (40) percent of the floor area for of the words "alcohol," "beer," said principal building. "wine," "liquor," or any variant or C. Height Regulations. synonym of any such word,or any type of such beverage, or that in- No building shall exceed three (3) stories dicates or suggest that such Bever- or forty-five (45) feet in height at the required ages may be purchased in or upon front, side and rear yard lines, except two (2) the premises._ Notwithstanding feet may be added to the height permitted at anything in Section 10-5-1(B) to said yard lines for each one (1) foot that the the contrary, any existing business building or portion thereof is set back from that does not conform to this re- the required yard lines and except as further quirement shall conform no later provided in Section 10-27-1. [Ordinance 4709, than December 31,2013. 8/9/04] 5. Business or professional office and 10-14-2 BULK REGULATIONS. similar uses not included in the above list supplying commodities or per- [Ordinance 3192, 2/22/82] forming services primarily for resi- [Ordinance 4592, 1/6/03] dents of the neighborhood subject to The following minimum requirements the administrative review and ap- shall be observed subject to the modified re- proval of the Planning staff. If staff quirements contained in Section 10-27-1: "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD at aot COVERAGE FAMILY Residential SAME AS SI'ECIFIEU IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.to Same as"R-4" 35 ft No Maximum ted Uses mum mum 3 District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/921 (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot 59 CHAPTER 15 "C-2"COMMERCIAL DISfRICTCHAPT'ER 3 DRAMS (3) For every additional foot the front yard depth is increased over the required sethark, the rear yard depth may be decreased in direct proportion thereto,but in no rage shall the rear yard be less than ten(10)feet (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback 1.7 forth for such use in the "C-1" Dis- "� "; tract 2. Adult uses as defined in the defini- - lions Section, upon approval of a /Ordinance 3192,2/22/82] Special Permit by the Board of Ad- justment after review by the Com-_ 10-15-1 REGULATIONS. mission and provided that such uses meet the following separation re- The regulations set forth in this Chapter quirements: and contained in Chapter 5 shall apply in the "C-2" Commercial District. The "C-2" a. At least 600 feet from any other District is intended to provide for areas of adult use measured in a straight the community which are developed or will line from the closest points of the be soon as moderate intensity commercial property lines in which the adult area. These areas are often associated with uses are located. the major traffic arteries and highways lo- b. At least 600 feet from any resi- cated within the community. Any outside dentially zoned property meas- storage of materials or equipment shall be tired in a straight line from the limited and dearly incidental and accessory closest point of the property line to the Principal Permitted Use,and shall not in which the adult use is located include the outside storage of junk or sal- to the closest residentially zoned vage material or similar debris. Outside property line. storage of materials or equipment shall not c. At least 600 feet from any pro- be permitted in a front yard. This provision tested use as defined herein shall not restrict the outside storage of ours- which distance shall be meas- ery, landscaping and garden material, and ured in a straight line from the licensed and operable vehicles, or unli- closest point of the property line censed operable vehicles for sale, that are which the adult use is located to accessory and dearly incidental to the Prin- the closest point of the property cipal Permitted Use. This provision shall line in which is located an not restrict other outside display areas aforementioned protected use. If when such display areas display items that a protected use is a legal non- can be legally sold by a commercial business conforming use, this provision on the property and when the display area shall not apply. [Ordinance 3642, does not exceed an area equal to the area 5/1/89] occupied by the building(s) on a property. 3. Non-Limited Alcohol Sales Uses, A. Principal Permitted Uses: upon approval of a Special Permit by 1. Any use permitted in the "C-1" the Board of Adjustment after rec- Commercial District,on the terms set ommendation of the Commission, except that a Special Permit shall not be required if such use is located 60 CHAPTER 15 "C-Y"COMMERCIAL DISTRICTCRAPTER 3 DEFINITION.,, 10-15-1 REGUI..ATION5. along a principal arterial or inter- state according to the Urban Federal shall not be required if Such use Functional Classification System prepared by IDOT, provided that rial or interstate according to the such uses meet the following re- Urban Federal Functional Classi quirements: fication System prepared by a. nNo non-limited alcohol sales IDOT. use shall sell or dispense alco- [Ordinance 4976, 11/23/09] holic beverages via a drive- c. No non-limited alcohol sales use through or walk-up window or any similar drive-up or drive-in u e, for which a Class Eoff- system_ and provided that, premises liquor—control license -- -------Notwithstanding anything in has been issued; or for which an Section 10 51(B) to the contrary, application for such a license has any alcohol sales use that made been submitted but not yet use of such a window or system granted; shall be located within before adoption of Ordinance 600 feet of another alcohol sales 4976 on 11/23/2009 shall cease use holding the same class of R- and desist from use of such a cease, as measured in a straight window or system, and shall line from the neanestdosest comply with the requirements of points of the_property lines pant this paragraph, no later than De- cember 31,2013. door a in which the of bb.wNo With respect to any non- an-alcohol sales uses are located. limited alcohol sales use that holds a Class E off-premises liq- uor control license or for which sees-use, an application for such a license d. No non-limited alcohol sales use has been submitted but not yet shall be located within 250 feet of granted shall be located within ; another non-limited alcohol sales such uses arc at lea it 600 feet use, as m-asured in a straight from a protected use, and no line from the dosest points of the with respect to all other non- property lines in which the alto- limited alcohol sales uses such hoI sales uses are located. uses shall be located within are at 1 ast 250 feet;from a protected e_Fencing or other approved use, as measured in a straight screening shall be constructed line from the closestnearest along the property line with any pointpart of the property line abutting protected use, unless determined by the City Planner service area in which of-an alco- to or designee to be infeasible. hol sales use is Iocated to the closest point of the property line of any protected use, upon ap Board of Adjustment after rec the"C 1" District. ommendation of the Commis 61 CHAPTER 15 "C-7'COMMERCIAL DISI'RJCTCHAPTER 3 DEFINITION 10-15-1 REGULATIONS. 4. Animal Hospital or Veterinary Clinic ing and Heating Shop, Roofing providing any exercising runway Shop, Sheet Metal Shop, Sign Paint- shall be at least two hundred (200) ing Shop, and similar uses,provided feet from any "R" District and one there is no outside equipment yard. hundred (100) feet from any "C-1" District boundary. 12. Contractor Businesses including Contractor Equipment Yards, pro- 5. Automobile, Motorcycle, Trailer and vided that equipment yards shall be Farm Implement establishments for effectively screened on each side fac- display, hire and sales (excluding ing a Residential District and on auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted corn- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, a principal building including an of- and, for equipment yards, upon ap- fice), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission. vehicles, but not including uses in which the major source of revenue is 13. Department Stores from body and fender work. In ad- 14. Drinking Establishments, Taverns, dition, this paragraph shall not be Bars and Night Clubs, Summer Gar- construed to indude automobile, dens, and Road Houses, including tractor, or machinery salvage and entertainment and dancing, pro- used parts yards. Machinery, sal- vided that any such use that meets vaged or used parts, and vehicles the definition of Alcohol Sales Use not in running condition and not be- shall meet the requirements for an ing actively restored to running con- alcohol sales use. dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an enclosed building. 16. Kennel, provided the principal 6. Ballrooms and Dance Halls building is at least 250 feet and any outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially 8. Bowling Alleys zoned property measured in a straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and 10. Commercial Baseball Fields, Swim- upon approval of a Special Permit by ming Pools, Skating, Golf Driving the Board of Adjustment after re- Ranges, commercial campgrounds . view by the Commission or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a Special Permit by the Board of Ad- 18. Lawn Mower Repair Shop justment after review by the Coin- 19. Lumber Yards and Building Mated- mission. - als, retail, but not including any 11. Contractor Businesses, including manufacturing or fabricating for Carpenter and Cabinet Shop, Plumb- wholesaling operations. 62 CHAPTER 15 "C-2"COMMERCIAL DISTRICI'CHAVFER 3 DEFINITIONS 10-15-2 BULK REGULATIONS. 20. Mini-storage or storage rental devel- requirements for a limited alcohol opment, upon issuance of a Special sales use(on-premise consumption). Permit, which shall review the loca- 27. Other similar service and retail busi- tion for compatibility of surround nesses not included in the above list ing highest and best use of land, subject to the administrative review and proximity to a major thorough- and approval of the Planning staff. fare. [Ordinance 4683, 4/12/04] It is If staff determines that the proposed the intent of this provision for such use is not similar in nature, it shall uses to be towards the rear of highly be considered a proposed use not visible commercial property. • covered by title, as regulated in 10-5- 21. Monument Sales Yard, but not with- 1(R). out a principal building. B. Accessory srtJ es: - 22. Off-premise advertising in accor- dance with Section 10-26-1. [Ordi- 1. Accessory uses permitted in the Hance 4724, 9/20/04] "C-1" District. 23. Motels and Auto Courts 2. Accessory uses and structures cus- tomarily incidental to any permitted 24. Pet Shop,including Aquariums principal uses. 25. Printing Shops, not to include more than two (2) 12"x 18" inch job press- 10-15-2 BULK REGULATIONS. es [Ordinance 3050, 10/1/79] 26. Restaurant Fast Food Type and [Ordinance 3192, 2/22/82] Standard Type, and drive-in eating [Ordinance 4592, 1/6/03] establishments, provided that any The following minimum requirements such use that meets the definition of shall be observed, subject to the modified an Alcohol Sales Use shall meet the requirements contained in Section 10-27-1: "C-2" COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD(14 SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)() LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft No building shall Hotels mum exceed 4 stories or 48 feet in height ) Other Per- No Mini- No Min- No Minimum 20 fl(a Same as"R-4" 35 It nutted mum imam District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street It does not include corner lots whose front yard is located on an adjacent street and ucea the other street frontage as a side yard setback (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS.10 181 RECULATION.'1 CHAR I$ 10-5-1(B) to the contrary, any limited alcohol sales use that made use of etVfg $ SJSA's such a window or system before• . , adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192,2/22/82] from use of such a window or system, 10-18-1 REGULATIONS. and shall comply with the require- ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair __ ( antra Rucina c 17i t'iri is desionprl__ynr3 in V tended to accommodate the variety of retail — mop co li- tions, not DOT operational and not li stores, services and related activities which ceased, machinery, salvage, or used often occupy the area within the Central parts shall be located in an enclosed Business District. "C-3" Zoning only shall building apply to the existing Central Business District or areas contiguous to the Central Business 4• Exterminator Sales District Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6 Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, induding vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ve g Transportation Passenger Terminals hides, or unlicensed operable vehicles for sale, that are accessory and dearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis- 1. Accessory uses permitted in the "C-2" play areas display items that can be legally sold by a commercial business on the prop- 2. Accessory uses and structures cus- erty and when the display area does not ex- tomarily incidental to any permitted ceed an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s) on a property. 9/20/0g] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- [Ordinance 3192,2/22/82] trick [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAYA DISTRICT.10 28 4 SPECIAL I The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized, all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- - each foot the front yard setback is in- ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10)feet. A 50% reduction in required points on J. Use Restrictions. the exterior of the fence will be grant- No new junk yards, salvage yards, recy- ed for fencing that is constructed from ding yards, or construction storage yards the following materials: shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said b. Concrete with approved design uses shall be allowed only through the ap- characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of : ' c 1 ` ' planting. g• ,;,;;;."A Setback Requirements. �.._ 'R fA,Y,DIS'. I S 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the prop- shown on the official zoning map and legally erty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- district, Logan district, E. 4th district, and tures that are not in compliance with Church Row Neighborhood district. this Section and wish to expand shall B. Purpose and Intent. not increase the non-conformity. Any proposed expansion of an existing The purpose and intent of this Chapter is to establish Alcohol Sales Use Overlay Dis- 114 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22,5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT 10 28 SPECIAL tricts to avoid undue concentration of certain r alcohol uses in designated areas already �' % -� 44, r populated by significant numbers of alcohol VEs vt= SAir r' sales uses,to mitigate the secondary effects of '} ANIP ADIN , $ certain alcohol sales uses, to preserve and LI AR .GS�P protect neighborhoods from deterioration ,I and loss of property value due to incompati- ble uses, and otherwise to promote the gen- eral purposes of the zoning ordinance. The provisions of this Chapter shall apply 10-25-1 OFF-STREET LOADING SPACES in addition to any other zoning district regu- REQWRED. lations and requirements in which the land } may be classified. In the case of conflict, the most restrictive provisions shall govern, ex- A. Regulations. cept as otherwise expressly provided in this In any district, except the "C-3" Central Chapter. Business District, in connection with every building or part thereof hereafter erected, C. Administrative Regulations. The provisions of this Chapter shall con having a gross floor area of ten thousand stitute the requirements for all zones that lie (10,000) square feet or more, which is to be within the boundaries of any of the Alcohol occupied by manufacturing, storage, ware- house, goods display, retail store, wholesale Sales Use Overlay Districts. store, market, hotel, hospital, mortuary, D. Use Restrictions. laundry, dry cleaning or other uses similarly new alcohol sales uses, other than in- requiring the receipt or distribution by vehi- Nocidental alcohol sales uses, shall be estab- des of material or merchandise, there shall be fished in an Alcohol Sales Use Overlay Dis- Provided and maintained on the same lot buildin trio. Expansion of said uses shall be allowed � g, at least one (1) off-street only through approval by the Board of Ad- loading space plus one (1) additional such justment process to expand a legal non- loading space for every twenty thousand conforming use. (20,000) square feet or major fraction thereof of gross floor area so used in excess of ten ATTACHMENT"A" thousand(10,000) square feet. Broadway Overly District 1. Each loading space shall be not less ]insert] than ten(10)feet in width,twenty-five (25)feet in length. Logan Overlay District 2. Such space may occupy all or any part jinsertl of required yard or court space or as E.4th Overlay District specifically provided in the district in ]insert] which it is located. 10-25-2 OFF-STREET PARKING AREA Church Row Neighborhood Overlay District REQUIRED lusertj A. Scope of Regulations. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] 115 CHAPTER 25 VEHICULAR USE,PARKING AND WADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT.10 28 9 SPECIAL I two family dwellings. The minimum four (24) feet wide or closer than thir- driveway width between two rows of ty-six (36) feet apart shall be allowed parking stalls shall be fifteen (15) feet if the screen is installed on the oppo- for 45 degree angled parking, nine- site side of the alley with agreement of teen (19) feet for 60 degree angled the property owner(s). parking or for 45 degree and 60 de- 12. Lighting. Any lighting used to illu- gree herring bone pattern parking, urinate any off-street parking area or and twenty-four (24) feet for 90 de any area(s) used for non-residential gree parking. The minimum drive purposes shall be so arranged as to re- way width when other than between flect the light away from adjoining two rows of parking stalls shall be fif- residential premises. [Ordinance teen (15) feet for one-way access and 3442,6/16/861 twenty (20)feetfor-two=way access. 10. The City Planner or representative 13. Parking Space: The minimum size of shall be responsible for reviewing and a parking stall shall be nine (9) feet by approving the layout of all parking fa- eighteen (18) feet, or one hundred and cilities in order to meet the stipula sixty two (162) square feet, excluding the area necessary for access and ma- tions of these regulations. in addition, neuvering. When calculating the in case any building, structure, or use number of spaces required under this is not specifically mentioned herein Ordinance, a fractional space shall re- the provisions for a use which is men- quire an additional space. tioned and to which said use is similar shall apply. 14. Site Plait Any application for a build- 11. Screening and Landscaping: All open mg permit or for an occupancy certifi- cate parking areas containing more than where no building permit is re four (4) parking spaces shall be effec- quired, shall include a site plan, drawn to scale, and fully dimensioned tively screened as defined herein on showing any off-street parking or each side adjoining property situated in a Residence District or any institu- loading facilities,points of access to be provided, and an adequate number of tional premises, except when the ad handicap parking spaces. joining property is used for profes- sional office or multi-family, by a wall 15. Floor Area: In calculating the floor or densely planted compact hedger area as it applies to these regulations except if the closest point of such all multiple stories induding base- parking area is at least one hundred ments used as a part of the use in (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Ar- rated from property situated in a Res- eas used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non-excluded use 118 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "SF'SHALLOW FLOODING(OVERLAY)DISTRICT.39 2 4 S1 30. Real Estate Sign: A temporary sign be located, erected, or maintained except advertising the sale, lease, or rental of in compliance with these regulations. All the property or premises upon which signs shall be considered as accessory us- it is located. es to a Principal Permitted Use, except for 31. Revolving Sign: A sign that revolves off-premise advertising signs and bill- 360 degrees about an axis. bOaz� signs may be erected up to the property line, unless otherwise sped- 32. Roof Line: The top edge of a peaked lied in this Ordinance. Such signs shall roof• obtain a building permit and zoning ap- 33. Roof Sign: A sign mounted on, and proval prior to construction. supported by,the main roof portion of 1. Exemptions: The regulations con- a building. tamed in this Section shall not apply 34. Sign: Any structure or device de to: signed or intended to convey informa- a. Traffic control signs or devices; tion to the public in written or picto- rial form for the purpose of bringing b. Signs located within buildings, ex the subject thereof to the attention of eluding Home Occupations, or the public. Flags displayed from flag public sports complexes or poles or staffs will not be considered facilities; to be signs. c. Official signs of a non-commercial 35. Temporary Sign: A sign intended toe erected by public utility display either commercial or non- companies; commercial messages of a transitory d. "For Sale" and"Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not perma- signage shall be removed when nently affixed to a building or sign the sale is completed;and structure that is permanently embed- ded in the ground, are considered e. Political signs on private property tem orar si in compliance with the Code of p y Iowa. 36. Wall Sign: A sign that is in any man 2 Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, 37. Window Sign: A sign affixed to or and subdivision signs as provided painted on the surface of a window in this Section;and with its message intended to be visible b. Signs which resemble traffic con- to and readable flout the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use and is not located The regulations contained in this chapter shall apply to and regulate signs in the e any verbiageer any sign makes that in all Districts except the "H-C" Highway includes that use of the words "alcohol," Corridor Overlay Districts. No sign shall 128 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-225 "SF"'SHALLOW FLOODING(OVERLAYIDISTRICT. • "beer," "wine," "liquor," or any board sign structures, including the variant or synonym of any such outermost edge of the sign panel, word, or any type of such bever- must be setback from the immediate age, or that indicates or suggest abutting street right-of-way line or that such beverages may be pur- property line equal to the setback of chased in or upon the premises. the underlying Zoning District. Bill- board3. Off-Premise Advertising Signs and structures shall not be permit Billboards: ted within 1000 feet of another bill- board structure measured in either di- Off-Premise Advertising is a tradi- rection along both sides of the street tional and legitimate advertising me- which adjoins the billboard structure, dium involving the lawful use of pri- measured from the base of structure vote-property, kJ the base of structure—in-a straight Off-Premise Advertising should be line regardless of grade. Furthermore, no billboard structure shall be permit- regulated to provide for safe struc- tures to be properly located so as to ted closer than 200 feet from a resi- meet uniform standards for construe- dential Zoning District or from the tion and maintenance and to be main- property boundaries of any property tamed to conform to a neat and pleas which has a principal residential use ant community appearance. located thereon, nor closer than 200 feet from the property boundaries of a In all districts where permitted (C-2, public park, church, school cemetery, C-3, M-1, and M-2, excluding corridor hospital, the property boundaries of overlay districts),billboards shall have any historic district established by a prime message area not to exceed state law or local ordinance, or the 300 square feet. Billboards may exceed property boundaries of any structure 300 square feet for unique site charac- listed on the National Register of His- teristics including, but not limited to, toric Places. In addition, vertical setbacks, surrounding land uses and stacking of separate sign panels on a structures, spaciousness and visibility. billboard structure shall be prohibited. Such a request over the 300 square On corner lots, no billboard shall be foot limit must follow the procedure erected within the triangular area by applying for a Special Permit from formed by the intersection of the lot the Board of Adjustment. In no case lines and a line connecting two (2) shall the Board of Adjustment grant a points each located 100 feet from the Special Permit that exceeds 672 sq. ft., intersection of the lot lines of the cor- and an embellishment, trim and skirt- ner of the lot located at the intersec- ing area not to exceed an additional lion. [Ordinance 3050, 10/1/79] [Ordi- 150 sq. ft. The maximum allowable mince 4521, 10/22/01] [Ordinance 4724, height as measured from natural 9/20/04] grade at the base of the sign to the top All of the structure is 48 feet with the 4' ' minimum height being 10 feet from a. Home Occupations shall be al- natural grade at the base of the sign to lowed one (1) nameplate display- the bottom of the structure. The struc- ing the name of occupant or occu- tures shall be a monopole steel design, pation, not exceeding two (2) with the paint and sign material main- square feet in area, non- tained in a new condition. All bill- illuminated, attached flat to the 129 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL f 1/9/89], advising the City of the poten- building t,.,.etu_. td z o_ice tial hazards and necessary safeguards. area of an alcohol salc3 use to the 10. Mobile Home Parks, including fac- tory-built home parks and subdivi- att '� , when meeting the sions if the structures are not classi- following minimum requirements: fied as real estate. a. Where the business, when oper- 11. Rubble Disposal Site, Rubble Fill Site, ated in conformance with such or dean fill site, except dean fill ap- reasonable conditions as may be proved as part of a development plan. imposed by the Board of Adjust - reasonable duplicate of the application submit- ment, satisfies the following crite- ted to the Black Hawk County Health na' Department shall be submitted tech 3 —ph Commission. The application shall construction and operation of contain the signature of landowner, the particular use adequately legal description of property, a plot safeguards the health, safety plan showing area to be filled with ex- and general welfare of persons isting and proposed final elevations. residing in the adjoining or The application shall also include an surrounding residential area. estimate of the number of cubic yards necessary and length of time esti- u•. The business uses landscaping, mated to complete filling. [Ordinance �+' or structures to prevent 3590, 10/17/88] any noise, vibration or light generated by the business 12. Adult Businesses/Adult Uses [Ordi- from having a significant det nance 3642, 5/1/89] in accordance with rimental impact upon the ad- "Adult Businesses/Adult Uses" of joining residential or protected Sections 10-3-1, 10-15-1(A)(2), and 10- uses. 27-1(N). iii The business will not unduly 13. Gaming facilities, unless located with- increase congestion on the in a Planned District where listed as a streets in the adjoining resi- Permitted Use. [Ordinance 4735, dential area. 10/18/04] iv. The operation of the business 14. One or two-family residential struc- will not constitute a nuisance. tures when more than one (1) such structure is erected on a single lot in b Any Special Permi so granted bye the "R-1" or "R-2" District. [Ordinance the Board of Adjustment shall be 4855, 2/19/07] [Ordinance 4885, subject the following general 10/15/07] conditions, together with any ad- ditional special conditions re- 15. Non-Limited Alcohol Sales Uses, oth quired by the Board of Adjust- er than limited aleoliol talcs u:,es, ment as appropriate: i. Any parking area provided for l T-1...-, Fede , the use of customers of the tion System prepared by IDOT, or business shall be illuminated wheii-leeated-less-thaft-250-feet-meas- to appropriate standards _ram f ,., found in the City of Waterloo Municipal Code. Parking lot 143 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 I SPECIAL I lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 111 23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise controL the secondary effects of certain al- iii. Attractive litter and trash re- protect sales uses, to preserve and protect neighborhoods from dete- ceptacles shall be located at convenient locations inside rioration and loss of property val- ue due to incompatible uses, and and outside the premises, otherwise to promote the general_iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of conflict, the most restrictive provi- v. If the zoning officer deter- sions shall govern, except as oth- mines at any time that the op- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16, Religious facilities. cial Permit, the zoning officer ma apply to the Board of Ad- 17. Non-profit institutions of a philan- y pp y thropic or educational nature, indud- justment to reconsider the is ing libraries but excluding philan- suance of the special use per- thropic professional offices in the "R- mit for such business. A copy 4" Multiple Residence District or less of such application to recon- restrictive and notice of the hearing restrictive district. Also private clubs, before the Board of Adjust- fraternities,sororities and lodges. ment on such application shall 18. Commercial mining and extraction of be provided to the owner of minerals or raw material, including such business at least ten days sand or gravel pits or borrow sites. in advance and shall also be 19. Mini-storage or storage rental devel- provided to all owners of re- opment when in a"C-2" District cord of property within two hundred fifty (250) feet of the 20. Towers including wireless communi- subject property. If the Board cations and wind generation devices, of Adjustment finds that the except as provided in Sections 10-27- operation of such business ex- 1(B)(4),10-27-1(D),and 10-27-1(T). habits a pattern of violating the 21. Kennels. conditions set forth in the Spe- cial Permit, the Board of Ad- 22. Public utility structures and equip- justment shall have the author- ment necessary for the operation ity to amend or revoke the 144 10-27-1 SPECIAL I P. Buffers Required. height of planting shall be adequate to serve [Ordinance 3050, 10/1`79] as an effective visual screen. [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trusting and conflicting uses is across a bar- quiring a buffer between them are rier and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce live and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- *ran+,as or conflict nguse ,lea by law. However, in The following conditions shall require a the event that any or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc, for the pur- l. All "C" Districts which abut any "R-1" pose of renewal, redevelopment, etc., or "R-2" District shall be buffered as that portion of such property being renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as required in this article. 2. Where one of the two (2)different dis- tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts shall be designed for both structural requiring a buffer follows a street right-of- way,railroad, stream, or other similar barrier,adequacy and aesthetic quality. The use of weather resistant wood, metal the requirement for a buffer may be waived or manufacturing substitutes may be by the City Planner or designee, provided such waiver does not permit the exposure of used as an accessory material for aes- thetic quality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-Regulations. less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic District, all alcohol sales uses,whether manner. existing or proposed, shall be dassi- Predominant planting shall be of ever- fled by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 157 10-27-1 I SPECIAL I uses." All alcohol sales uses shall be classified according to current star- section, dards pertaining to percentage of sale and retail floor space. For any alcohol sales use that existed before adoptionmit of Ordinance 4976 on 11/23/2009, ' ` ' ' t '' "1 Cl ss �c2rh3r-:�c3=cve�for-width where insufficient information is available for a determination between ee=�- -been Issued or a limited or non-limited alcohol sales use according to current standards, the use shall be classified as a limited alcohol sales use and shall be subject i- 600 c f ^ othe_ aleo ho' sales to all of therequirements pertaining to such uses. Any business requesting classification as a non-limited alcohol sales use shall provide adequate documentation for such a determina- tion. Adequate documentation may consist of, but shall not be limited to, tax forms filed with the Iowa Alco- No alcohol sales uce that is not a limited al holic Beverages Division, sales regis- ter or point-of-sale system reports, in- 250 feet of another alcohol sales use come statements, and/or other infor- mation certified as true and correct by as measured from the nearest part of a licensed public accountant or a certi- fied public accountant. Any informa- ;rice area of an alcohol sales use to the tion provided by the business shall be closest point of the property line of certified by the business as true, cor- another alcohol sales use._ rect and complete under penalty of perjury. 2. Drive-Up Windows. a. No business that is an alcohol sales Q is to establish alcohol sales use use shall construct, open or install any drive-through or walk-up tion of certain alcohol sales u:es, to window or any similar drive-up or mitigate the secondary effects of cer drive-in system, except that a Min al ohol sales uses, to preserve pharmacy may have such a system provided that no alcoholic bever- ages may be sold or dispensed through same, and except that a grocery may have such a system r~ U 1 1 as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the sivxv-vt t•a-subs cccx : Q sha,, epp ly customer made the purchase in- in addition to any other zoning dis side the premises of the grocery. trict regulations and requirements in b. If an application has been filed for a which the land may be clarified. In new license or permit to sell or the case of conflict,the most restrictive dispense alcoholic beverages with provisions shall govern, except as oth 158 10-27-1 I SPECIAL: respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided informa- been classified as such within the tion indicates that the business fails to satisfy preceding three (3) months, and if the conditions to qualify as the appropriate the premises is equipped with a category of a limited alcohol sales use, either drive-through or walk-up window on the basis of the preceding twelve (12) or any similar drive-up or drive-in months viewed as a whole or the most recent system, then the application will three (3) months viewed as a whole, then not be approved until any opening such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tem is permanently dosed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit deutvnstrates the�lYleSS - Ce-• to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business R. Limited Alcohol Sales Uses. shall pay all cost and expense of the audit. The city derk shall demand reimbursement (Ordinance 4976, 11/23/091 for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the corn- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as de the notice. Without prejudice to any other fined-herein-is subject to the requirements of available methods of collection, any delin this Section. Upon request of the police chief quent amounts may be assessed against the or designee at any time, but not more fre- property for collection in the same manner as quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or des- I proof that the business satisfies the conditions ignee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division, sales register or lCese, the business shall certify on forms point-of-sale system reports, and/or-income acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet the requirements for fled as true and correct by a licensed public classification as the appropriate category of accountant or a certified public accountant. limited alcohol sales use, including certifica- Any information provided by the business tion by a licensed public accountant or a certi shall be certified by the business as true, cor- bed public accountant that the business meets rect aeeurrete-and complete under penalty of the income restrictions to qualify as the ap- perjury. If the business fails to provide the propriate category of limited alcohol sales requested information within thirty (30) days use. after request, then such business shall be S. Utility Exemption. 159 Exhibit "A" Broadway Avenue Overlay District— Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of -Utica Street to its-intersectiarrwith-the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page 1 of 2 Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District— Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. Page 2 of 2 Proposed Broadway/Logan/E 4th Overlay District 1i W�1I 11I11 r. '1�Iuia aim. __ = -.n um. ..m.„.r.. ',am :milli��1111 1111111 - 11■ 1U.' !ii=_ 111111110. 1n111_ M MI 111111 11111 —: �l 11111• m IIIIITITf II 1111111 1111111 ■ —" —-- MN MNmu me --me mom — i� — - — III= �■ ■� = �1= 1 ._�11� 111= :a.Rlul1 Er NM MN MINI :® 1-�Jill S111111 BEE ��� — N imi r _ �11� vrr r= ® IIME Illr111111 - -It mom MIN Mil Ell NM MII—_ 1— ..— -- —_ 'IIII 1i 11l111LC I IIII 1111"1 NI. IIII.I." �SI I �'rK Mil FR 1111 P. III1Iá & 1TF j11 ,c!z RII1I = R3 \ 1 [ l 11111 I!! - ;IIII .��� ���= I- 1c,. ■:�` 111111111111� _IIIIY. 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DEU ````% /-(` `5I •J\`•,` '• ,�THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED FOR THEA ACCURACY OF THE DATA HAWK COUNTY,THREIN, A EXPRESSED OR ISPSEO , BLACK HAWKCOUNTY,THE ^ 4,,'..,, ,� y100,A,' / 4 BLACK HAWK COUNTY ASSESSOR,OF THEIR EMPLOYEES. -34, THE CITY OF WATERLOO RACY F HE INFORMATION NFOR ATION SS HOW IS e.• `y, ON AST 0 THE ACLURALY DFTME IS LMBILTIO FOR , h �/ ACCURACY CY THE HEREOF USERS SHOULD ER TO YFOR THE �. , , ACCURACY T HEREOF.USERS SHOULD REFER TO OFFICIAL PLATS,SURVEYS,RECORD ED DEEDS,ETC.LOCATED AT THE . 0 350 7I70 Feet SLACK HANK COUNTY ASSESSOR'S OFFICE FOR COMPLETE �� AND ACCURATE INFO RMATIO N. /> '0 Ell In . z -- In NM - -- Imo �1�1�1�11� 70 �—• -- -� -- �. - i— i i i= —_ -�� wM.IU1e[Ns7_yi u—_, — ■■— _ i— i— — 111111111111 N i�..�� — i tip �� �111N••— —=N ■■. En 111111 111111111/ tk 1) m 1111.itiri�� .i ii sIIII Ern IN/ --I no-- -- _ —I. 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V� / •`• `-a"�•y S� dlittd>'\ , .� 00Eglri m � IiIIIIlviii' yi 4 ` �•\�T/� -,(4� m Om�T PmsD ix 11 / `�'� ,` c ,•' VVO�•• # • ■ :m„ a.Om < 1: 1111111 aI,� � N 4. C ,TT° a Tr SAi vm im. BJL... m m m i a m 7 I111111111111= �'� i ♦♦♦.. O� �i-7•W. �• / ��♦ IIIu111111111 . •� ��� .���� .y��• y I� CITY OF WA 1 ERLOO ` Go i,, Aitl Council Communication City Council Meeting: June 11, 2012 Prepared: May 31, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 RIVERFRONT SPORTS PARK EAST&WEST EXCHANGE FIELD LIGHTING PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action:Approve Specifications and Form of Contract for the 2012 RIVERFRONT SPORTS PARK EAST&WEST EXCHANGE FIELD LIGHTING PROTECT at Cedar River/Exchange Park and set the date of Public Hearing and Bid Opening as June 25, 2012. Summary Statement: This project is to replace East Exchange lights with poles and new lights with poles on West Exchange Diamonds. Above-referenced project documents will be available for review in the office of the City Clerk, 715 Mulberry St. and Leisure Services, 1101 Campbell Ave, Waterloo, Iowa. Expenditure Required: No expenditure at this time. Source of Funds: Project cost will be funded by Leisure Services-Sports Improvement and Black Hawk Gaming Grant. Policy Issue: NA Alternative: NA Background Information: o East Exchange poles have been in place over 20 years, which exceeds normal life expectancies. o West Exchange needs lighting with the expansion of youth programming in baseball/softball and flag football. o MODUS is under contract for lighting design for Riverfront Sports Park. ;/14 CITY OF WATERLOO , IOWA �1111.5 HUMAN RESOURCES DEPARTMENT _ as 620 Mulberry Street • Waterloo, IA 50703 • (319)291-4303 Fax(319)291-4569 "Prl o 0 June 1, 2012 Mayor BUCK CLARK TO: Honorable Mayor& City Council COUNCIL We, the members of the Civil Service Commission, certify the following list of MEMBERS applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Fire Lieutenant for the City of Waterloo, Iowa. Appointment(s) shall be made from this list for the next two DAVID JONES years (June 1, 2012—May 31,2014). Ward 1 CAROLYN CF.RTIFW lISTT COL CAR William Beck Ward Troy Resor HAROLD Barry Petersen GETTY Joshua Heller wards Todd Petersen Todd Moudry QUENTIN M. David Lingenfelter HART HWar A 4 Gregory Stewart Michael Schipper RON Sean Schott WEEPER Matthew Andersen Ward 5 Brian Becker BOB Christopher Charley GREENWOOD Robert Hennessy At-Large Michael Spence STEVE SCHMITT At-Large Respectfully submitted, Tim Luce Date i John Blitsch `/ Da e Bonetta Culp Date CS LIST FIRE LIEUTENANT 12 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Atrirrnative Action Employer MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, APRIL 10, 2012 LEISURE SERVICES OFFICE 1101 CAMPBELL AVENUE Chairman Kevin Evans called the meeting to order at 7:29 AM. Present: Mike Allen, Sheryl Annette, Kevin Evans, Robert Frost, Julie Koch-Hoth, Aundra Meeks and Sharon Samec. Staff present: Paul Huting, Bill Bachman, James Bolger, Todd Derifield, Chris Dolan and Mark Gallagher. Also present: City Council Liaison Harold Getty. Evans called for approval of the agenda. Motion by Samec, seconded by Koch-Hoth to approve the agenda. Ayes: All. Nays: None. Evans called for approval of the 3/13/12 meeting minutes. Motion by Annette, seconded by Frost to approve the minutes. Ayes: All. Nays: None. Evans called for approval of the bills. Motion by Allen, seconded by Annette to approve the bills. Ayes: All. Nays: None. The next regular Leisure Services Commission Meeting is scheduled for May 8, 2012. Motion by Samec, seconded by Koch-Hoth to adjourn. Meeting adjourned at 8:09 AM. Signed this 8th day of May 2012, Sharon Samec, Secretary WATERLOO CULTURAL AND ARTS COMMISSION MEETING MINUTES Law Court Theatre January 12, 2012 In Attendance: Bill Blake, Marilyn DeKoster,Barb Heitzman, Karol Rae Hoth, Tom Langlas, Diane Phelps, Terry Rice Staff: Cammie Scully Excused: Goli Buchanan, Scott Cawelti, Katie Susong,Mary Ann Burk, David Deeds At 4:04 pm the meeting was called to order by President,Marilyn DeKoster. Minutes of the previous meeting were approved. Financial Report/Scully • As of January we are at the half way point for the fiscal year • Expenses are currently under the projected budget by 5% • The new Amphitheatre will help to increase our revenue • Langlas moved to accept the report as presented. 2nd by Heitzman. Voted and approved. Executive/DeKoster • WCA will sponsor Good Morning Cedar Valley at the new Fred Decker Elementary School on January 26, 2012. • Langlas has volunteered as the speaker for a 3 —5 minute presentation. Public Art/Phelps • The December 20th Christmas Party at Cammie's was enjoyed by all • They are considering placing the three sculptures by Antonius Roberts on San Souci Island • We will move ahead with the Lou Henry Hoover Sculpture Park Building and Grounds/ Scully • New windows and doors are being installed throughout the building • New divider doors in the Schoitz rooms have been added to the CIP budget request for next fiscal year • Invision Architecture will design new showcases and glass doors for the Riverside Galleries Education/Heitzman • Between December 21, 2011 and December 31, 2011 the WCA had 1,018 visitors • The Noon Years Eve event had 243 participants Gift Store/Blake • December 2011 sales were up by$ 600.00 • In December there were payments to 16 consignment artists • The Gift Store has acquired 30 new artists and of those 18 are consignment artists • In April 2013 the ACM Reciprocal Program will change. Instead of free admission to affiliated ACM museums—members will be required to paying %2 price admission when they visit other facilities. • Birthday party bookings are down compared to a year ago • The annual campaign has raised$ 960.00 as of January 12, 2012 • Gift Store employees will be starting 2 hours later in the mornings Tuesdays through Friday. Maureen Newbill we be covering the store those extra 2 hours from 10 am until noon Friends of the Art Center/Rice • This Friday January 13th the Winter Music Series will feature the Ramblers • The Come As You Art event on April 6th will include the sale of two sized canvases this year. 6 x 6 canvases $25 each or 5 for$ 100.00 and 10 x 10 canvases $50 each or 3 for $ 100.00 Friends are also featuring a silent auction with donated artwork. There will be designated areas throughout the building where people will be able to sit down and talk • Culture Fest will be held on March 29, 2012 Directors Report/Scully• Oaxacan and Chia as village and is set for January 14 31st. Mexico trip will include visits to Pp • Annual drive is currently underway • Culture Fest will be held on March 29, 2012—there will be designated areas throughout the building where people will be able to sit down and talk • Mini Masters will be extended until December 31,2012 • Immediately following Noel Anderson will be holding a meeting in Law Court Theatre to discuss the plans for parking in our area Adjourn to Parking Lot meeting conducted by City Planner,Noel Anderson WATERLOO CULTURAL AND ARTS COMMISSION MEETING MINUTES ANNUAL MEETING Visual Arts Studio February 22, 2012 4:00 pm In Attendance: Tom Langlas, Diane Phelps, Tim Hurley, Terry Rice, Katy Susong, Barb Heitzman, Marilyn DeKoster, Goli Buchanan, Mary Ann Burk, David Deeds, Scott Cawelti Excused: Bill Blake,Karol Hoth Staff: Cammie Scully,Paulette Hawkenson DeKoster called the meeting to order at 4:00pm. The previous meeting's minutes were approved as sent. Finance Report/Hawkenson • 5 months to go and all looks good • Talked about grant income • Hurley asked about projected revenue. Hawkenson explained what City Hall was asking for • Scully talked about four budgets now being in place with the addition of an Amphitheatre/RiverLoop expo budget. Scully and Hawkenson have been working on projections for expenditures. We will be required to have two licenses now—meeting March 2 to determine who will hold licenses—Friends or City? • Hurley motioned to approve the report as presented. 2nd by Phelps. Voted and approved DeKoster thanked the board for their hard work on their committees throughout the year. She;commented on the opening reception for Arthur Frick as being very nice. She discussed the programs being offered for children and distributed class schedules and Spring Break Getaway info. McElroy trust is supporting Spring Break Getaway again this year. This is a very lucrative program for the Art Center as they collect $1 admissions as well. Public Art /Phelps • A copy of the annual report is on file with the minutes. Building& Grounds /Hurley • A copy of the annual report is on file with the minutes. Development/Marketing Buchanan • The annual report is on file with the minutes • Shannon Farlow raised$1.4 million in the time she was employed here. WCP/WCA /Langlas • A copy of the annual report is on file with the minutes. Education /Heitzman • The committee will be meeting next week • Heitzman reported staff member Winninger was concerned with YP programs meeting standards and benchmarks. Staff is addressing this issue. Focus tours are being offered. • 3 new members have been added to the committee • We will participate in Michelle Obama's Day of Play • We have partnered with the Children and Family Council • McElroy funds may now be used for both admissions and bus expense. • Chris Heyer at Covenant has offered to help fund schools who cannot afford YP admissions. • Lots of changes in the PYP, new exhibits have been funded by Guersey foundation and the Phelps memorial sculpture by Steve Gerberich has been installed ; students at Wartburg will be working on new computer program for the tractor. • Mini Masters will be extended to end of December 2012. • This year the 100,000th visitor came through the doors; and$100,000 was reached in admissions. • Hurley suggested having an event coincide with the Pro Golfing Tour in April Collections/Exhibitions / Scully • Scully discussed the most recent collection purchase made on the recent trip to Mexico, primarily consisting of textiles. Gift Store/Visitor Services / Heitzman • A copy of the annual report is on file with the minutes. Friends of the Art Center/Rice • Wagg will perform on March 2 for the Winter Music Series. The past two have not been very well attended—please mark your calendars to attend this one. • Come As You Art fundraiser is April 6. Burk suggested having an invitation sent via email to all board members to send to their friends, also to all email addresses on file in the art center. She requested that it look like an official invitation. • Scully invited any board member to paint a canvas for Come As you Art. She said Silent Auction items are also needed. • Rooftop Jazz is scheduled for the 7th of July. Kevin Burt Band may provide the music—there is a glitch. with fee that needs to be worked out. It will be held in the Amphitheatre this year. .Valle the Cedar • Cedarvalleytourism.org is the website to check for all upcoming events iny Nomination Committee/Langlas • Langlas proposed the same slate of officers remain in place for the upcoming year (DeKoster, chair, Heitzman co-chair,Hoth,immediate past chair.Heitzman fd. Voted and approved. • DeKoster asked Langlas to extend his term of membership one more year. Langlas agreed. • Langlas said 2 positions will need to be filled next year (Langlas and Hoth will both be going off in January). It was added in the by-laws to include residents from other communities. Langlas asked the board to be thinking of replacements for two positions. He also suggested 2 males to provide a balance in gender on the board. Director's Report/ Scully • A copy of the annual report is on file with the minutes. • Scully provided highlights from her end of year report and noted that her report also appears in the WCA end of year report. Cawelti announced a fundraiser that is going to be held. It is the Blind with Rainbows, A Celebration of James Hearst Farmer, Poet, and Teacher. It is sponsored by the Parkersburg Rotary Club, to be held on March 4, 2012, 2:30pm in the Applington-Parkersburg High School Auditorium in Parkersburg. $15 per adult, $5-18 & younger. $8 brunch 11-2:00pm. Call 319-346-2062 for tickets. Cawelti will be performing some of his music that he wrote to accompany Hearst's poems. fhe meeting was adjourned at 5:09 pm. Respectfully submitted, Maureen Hastings/WCA Secretary WATERLOO CULTURAL AND ARTS COMMISSION MINUTES March 21,2012 Rotary Room 4:00 pm In Attendance: Marilyn DeKoster,Mary Ann Burk,Bill Blake, Terry Rice,Tim Hurley,Karol Rae Hoth,Tom Langlas, Goli Buchanan,Katy Susong,Diane Phelps,David Deeds Excused: Barb Heitzman, Scott Cawelti Staff: Cammie Scully DeKoster called the meeting to order at 4:05 pm. Previous meeting minutes were approved as read. Financial Report/Scully • Right on target in all budget lines • The amphitheatre budget will be separate and is still being set up • Alcohol license and monies are going to be handled in a different way.Procedures will change—more later. DeKoster talked about the upcoming Come As You Art and related advertising, indicating that it is being well publicized. She questioned if the email blast was going out soon. Scully was going to follow up with C.Paige on this. Public Art/Phelps • Committee met on Feb.215` • Hoover sculpture garden is moving forward....figuring out the positioning of sculptures and the overall design.The project should be completed in 2013 • BHG grant for Flood walk mural,banners and viewers will be submitted April 1.The letter of intent was submitted and we were invited to go to the next step—which is submission of the grant. D Schindel is going to a WDC meeting on Tuesday to ask for their endorsement which will helping Gaming Board Approval • Moving forward with the 4th St mural for the parking garage—this is a Main Street project. • The PA committee discussed how the blue bass guitar sculpture was to be positioned near the amphitheatre Building and Grounds/Hurley • A lot of the projects have been completed. All have been funded with bond monies. • West elevator needs a part to bring it into compliance. • A door is being added in the YP to help provide building security when the Amphitheatre opens. Development/Marketing/Scully • Identified 9 people to be interviewed for the new position. • Interviews are being set up. Kent Shankle, Chawne Paige, and Cheryl Huddleston are on the search committee. Marilyn DeKoster and Goli Buchanan were invited to observe the interviews with Scully. Education/DeKoster • No decisions made at meeting • The committee tried out a craft project and took a tour of the new amphitheatre Collections/Scully • All the art purchased in Mexico is on its way. A meeting of the committee will be scheduled to see purchases. Visitor Services/Blake • Riverloop Art Festival organizers are sending a call to Iowa artists by 4/1 • This will be an outside festival—rain or shine • Gift Store sales for March were $1,283 • Come As You Art marketing is going great • Large numbers of people attended the PYP over Spring break • 15 new memberships and renewals were taken in March • Hours for Gift Store part-time employees have been reduced by 2 hours. Friends of the Art Center/Rice • March 29th is Culture Fest.Free beverages, food samples and music,dance,art and much more is provided • Come As You Art is Friday,April 6t. 6x6 and 10x10 canvas paintings are being collected for sale that evening.They are due Friday, 3/23.Joni is appearing on KWWL to publicize the event. Canvases can be purchased at a premium price early in the evening. Short discussion on having a separate donated art auction. • Fence is gone from in front of the building Director's Report/Scully • Applying for a Community Foundation grant to support artist fees and other expenses for the opening event and for Stem and Stein. • Planning for the Grand Opening of the Amphitheatre • Logo for Riverloop Arts Festival as well as the Amphitheatre was created by Chawne Paige • Stem and Stein will be the third event held at the Amphitheatre • Rooftop Jazz will be held there on July 7. Fireworks will move to Cattle Congress. • Almost 4000 people came to PYP over Spring Break. McElroy donates$2 per person towards the admission charge—enabling us to offer$1 admission. The board thanked Marilyn DeKoster for bringing her fabulous Wisconsin cheese to share during the meeting. 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O - 00000000000000000 -< 00000000000 {n + 0bcc0ob00o00o0o0b m boobo00000o m -c- O r I m C w wZ y m m �o ms0 z D o0000000000000000 o0000000000 9) N O b b O b O b O O b b D O b b O D N b b b b b O b 0 0 0 0 w O ti r 00000 GDACGDGGDDD < - 000000000bo r ioobobobboombambbb boopPObboob Hp4 ** ** lo *HHHHM '� 88888 qq ��qq tOt��f tA0 Ol W t��O .O NUOi(pm�+(q- NA>�q y{q {p(q(q pN�qW (�pp+p�q�q(q H-I (q{qy q(p(q�q{q t/1{q(dip v 0 0 0 0 0 N O N N OpC N O g OOl�N{p Op{p J O O O O O O O O A O N O O m O O O D O O O O O O O O O O O O 8$888 7 ;go0 NONA08' N88888888o8w8NN888 888888888888 Cl) co n nD. c C 'O Ni 6 CD (` — O a O. a)_, _, n N QO m O A N 4 ile A N 003 N Z Ni coCP ' R O CD to `< C co O O u, < # 0 Oon O i L O • * p7 O CD W N) Z CD IDO N Ko G) o w O * -O 0) O c O C 6 I. Q d * D m' * D m o u) * 0) * G) 7 * CO () * * * * * C * 7 D 0 K > m O m 0 -1 0 n 70 -0r a3 CD 7Z1 O c N O d ,� CT W NJ CO (O ,,,, 0 Z D 0) W CO W 0) Ul 0 0 A 0 A 9) W N p) O) O W iv O a) a' Ni c) CO ()) W N < O D CDC * WC/) * 0 v 0 > -o -� 0 -0-co CD a o �a �-o o oiu o O c m m c m m a -0 3 co C C 3 Q Co CD N -, co N 0 N 7 "O W A N X A 0) X) .. CT _ 0_ (i 0- Vq* DV4kD o m CD IV7 V N 7 0-(Q N to CD I D : D I* m ? m o (D CD �' 0 m o a) CD 0 0 70 V W N 0 N N N N 0 O CO O CO CT O CT O r O O O O O 0 V V V V N -14 v J V CD 01 01 01 Q O O O O C O O O O N N N N O n W W O O) CT 01 CT CT > 0 O) - CD - O M O N N RKHAM MKIICHAEL Arizona•Colorado Iowa•Kansas•Nebraska www.kirkham.com CONTRACTOR'S PROGRESS ESTIMATE NUMBER 2 PROJECT: West Shaulis Road/Ansborugh Avenue DATE: May 11, 2012 STP-U-8155(711)--70-07 ENG: Kirkham Michael Rick Herrick,P.E. 11021 Aurora Avenue Urbandale,Iowa 50322 OWNER: City of Waterloo,Iowa CONTRACT FOR: PCC Paving DOT CONTRACT DATE:February 16,2012 DOT CONTRACT ID:07-8155-711 CONTRACTOR:Croell&Subsidiaries,Inc. 2010 Kenwood Ave. PO Box 363 New Hampton,IA 50659 See attached schedule for quantities done to date. Total Completed and Stored to Date: $99,503.20 Retained 3%: $2,985.10 Previous Estimates: $47,201.95 Due the Contractor This Estimate: $49,316.15)['vy I have reviewed this estimate and it appears to be correct. \ V d KIRKHA ,MICHAEL&ASSOCIATES /CI By: FO Date: S/////Z \J Approved: Date: 6-/C/7:Z (Owner) 11021 Aurora Avenue• Des Moines,IA 50322•(515)270-0848•FAX(515)270-1067 CITY OF WATERLOO.IA ESTIMATE OF CONSTRUCTION COMPLETED PROJECT NO. STP-U0I55(711)-7V'07 PARTIAL PAYMENT NO.2 CONTRACTED 07.1155-711 PROJECT: DATE: 0E10912 CONTRACTOR: OR STMuGs Rued Muse 2 PARTIAL PAYMENT NO. 2 CONTR.ICTOR:CrMll&Subsidiaries,Inc. UNITS PLAN AUTHORIZED CONSTR. UNIT 1.1NT NO. RPM NUMBER D621111PTION UNIT QUANTITY QUANTITY TO OATS PRICE TOTAL AMOUNT OOHO 21040650001 CLEARING 6 GRUBBING - ACRE 1200 1.501 1.000 506200000 11.000m 0020 2102-2710070 EXCAVATION CLASS 10.REIN L BORROW CY 11603.000 81693.0E 8102200 760000 11101149 L 0030 210246600M lUAlIN4 IILLUIR6 - SIP. /510 7500 35044 340.01000 17.211200 0040 2105442501E IOP5u1L SIHIP SALVAIet 65PHEAII ZY 1673E.000 16711.000 74761306 100A0 1r7.R'06 0360 21070276000 LuMPALIIUN WIMWD1UH2 6 Exits(IT LUNIH51l- LY 16715.06(1 16745.009 0.392011 M.00 0020 21154100000 MODIFIEDSUBOASE CY I 6773900 6711.000 31.40000 1000 0070 2121-7425020 GRANULAR SHOULDERS.i Tee B - 1UN 3102000 3309100 L270000 10.90 0080 2123-7460000 SHOULDER CONSTRUCTION,LARTN 51A HOLM' MOW 100.00000 Wm 0000 2301-1032000 I�ANDARD OR SUPFURM PORTIAND CEMENT PAVEMENT,CLASS C CLA5510pUBIUTY,6N SY 33196.4140 33191100.1 250E60 $Om 0100 - 230149011722 D CEMENT CONLNEIE SAMPLES ZDMIr 1.090 1.000 2900.00000 3000 0110 23034000100 HDI MIX ASPHALT MIX IUR5.COMMERCIAL MIX(INCLUDES ASPHALT SINDEN),AS PEN PLAN TON 71.700 71.700 290.62000 30A 0120 23156275025 1105ILALINI.uHIvew*7,LU5B A LtuaRECTll 0045 TUN " 617m0' 017.000 15.79000 WO 0130 2401.4745010 M02-LO-6.1494 mACIr 5.06- 5.000 12500000 50.00 0140 2401E750001 -NOMUPLANVALS AS pot PLAN La IRE 1.WV 4.OWb0000 $Dm 0150 NIR-0425Wi 4HAN0[AH SALKPILL TUN ' 141.00 14L020 2100000 5606 0160 2402-2720000 F-XL'AYAIIUN LL20 LT 475.000 415 ,.000 59002.0 2096 0170 NI9-2111018 'PRECAST°ENL00t.t Rua LULYON 1,l091.15 F1. _ W Lb 390.000 29dWY 40003900 19'W 0180 2mrQ0112e, PNEUI0I LUNLNt1T dux LYLYeni SIHAIIN 110UxLI Rm.Ie PI.XS Fl. tau, 4.0E5 4.006 11.2U00W $0.W 01M 24160100015 -APRONS,CUNLIN it,iS IN DIA LALN LLO66 210M 19501) OW 000 S 0W 2 2a15UIXl tole AP LRINLNtl 6001M.DIA EACH IV.WO 15.uM 31l.WWO S0.W 0210 2415010003E -APRONS,CONCRETE,361EL 01A _ EACH 10000 10A00 0900 66S.00000- 12,460.M 0220 24161160010 CULVERT,CONCRETE ENTRANCE PIPE.III IN.DIA LF - 409A0 409.000 37.00006 SOW 0230 2416-1100035 CULVERT,CONCRETE ENTRANCE PIPE,36 IN DIA. LF 500'000 500000 M8.000 4090000 M'900.90 0240 24360250510 INTAKE,SW.505 MODIFIED EACH 15.1100 15.009 3375.00000 10A0 0260 25026212126 SIEEORAIN PLASTIC PIPE BIN LF 10111.000 10131.000 5.70000 S0.00 0260 2502R12112 SUBDRAIN Cone PIPE to PI IF 6209M 610.000 503AM 330E00 11196940 0270 20024220103 SURDRAIN OUTLET(RF10C) EACH 51A00 51.000 100.00000 Wm 0200 25024020106 SUODRAIN OUTLET,RFIDE EACH 1.000 IMO 250A0000 Wm 0200 2506.114215 STORM SEWER GRAVITY MAIN,TRENCHED,RCP,30000(CLASSIER,15 IN. IF 2016000 1016.000 33.75090 20.00 0300 2503.0114216 STORM SEWER GRAVITY MAIN TRENCHED.RCP,2000D(CLASSIC I4IN IF - 31000 31.000 3900000 $0.M 0310 2606-4004000 FLOWARLE MORTAR CY 64.000 MAM 5300000 PAO 0330 15074350005 ENGINEERING FABRIC SY 1118000 136000 590000 Wm 0330 2607E600061 REVETMENT,CLASS E TON 130000 130.000 5000000 10.00 0340 25106745050 REMOVAL OF PAVEMENT SY 10148000 10146000 300000 WOO MM 2511.030250o RECREATIONAL TRAIL,PORTLAND CEMENT CONCRETE,S IN. 52 6E51.000 6S5L000 2045000 $0.00 0360 2511.0310100 SPECW.COMPACTION OFSUBGOAOE FOR RECREATIONAL TRAIL _ STA 7636 71300 1000ORE 3000 0370 2511-T5260o6 SIDEWALK,P.C.CONCRETE,61N SY 53.900 OMR 32.110000 WOO 0360 25114626101 DETECTABLE WARNINGS SF 113.300 113300 35.00000 Wm KC 2216247E207 DRIVES C TIN - RO SY S2262 61000 - MOMS 3000 MO 251049010M0 _SAFETY CLOSURE EACH OD 4000 7500000 W'00 0410 261E-4ZODD40 REMOVAL ANC REINSTALLATION OF FENCE,FIELD LF 3155.000 173SAM 3.00000 Wm 0420 2524492751M POSTS WOOD-TYPE AA SIGNS 41NX4 IN LF 51100 51.000 3E00000 Wm 0430 252441302001 `TYPE ASIGNS ALUM SF LC00D 15A00 10.00000 30.00 0440 252020e50oo SURVEY CONSTRUCTION LS '' 1.000 LANE RIM 13.301A0000 $2,10620 0460 2527-03131109 PAINTED PAVEMENT MARKING.WATERBORNE OR SOLVENT-BA6ED ETA 57926 51910 MAMM $0.00 0440 2625.0446110 TRAFFIC CONTROL LUMP 6000 JAM 0.I00 395000000 515.5m 0470 253:140190005 MOBILIZATION LUMP 1000 JAM 0.101 125000l0600 212905m O 050 25640112010 WATER MAN,TRENCHED,DUCTILE IRON PIPE(DIP),20 IN. LF 7076060 7905000 _ 7590000 5000 0400 25540142020 WATER MAIN WITH CASING PIPE,TRENCHLESS,DUCTILE IRON PPE(pP).10 N. IF 110.000 DORM 41000000 50.00 0500 2554020300o FRHNGR BY WEIGHT,DUCTILE IRON PPE LEM 1976000 7170000 4AMM $0.00 0510 2554 0204110 WATER SERVICE STUB,COPPER,1 IN. _ EACH LM M O JA 1.00000000 Wm MM 25510207000 VALVE,GATE,DIP. EACH 7A00 7A00 1LMSOM00 W.M OEM 25540210101 FIRE HYDRANT ASSEMBLY,4IT201 EACH 49W 4.000 3A00.00M0 Roo - 0540 2601.33410o MULCHING ACRE ATM 20.730 7000MM 10.M 0550 1601-2036043 SEEDING 6 F5RTI1IDNG(RURAL) l ACRE 30750 26750 410.00000 $000 - 0560 26020000020 SILT FENCE LF 7907A00 7907900 6131000 1.42900 3672400 0570 160220E00030 MIT FENCE FOR DITCH CHECKS IF 743.000 70000 165210 Woo OS11 2401-6750001 REMOVALS AS PER PLR{(- LS 1.003 LMO 4090.000W $600 0572 24161262036 CULVERT.CONCRETE PIPE,200013.TFIENCI6ESS,36172 DU. LF MOO 00.000 3B5.000W MAO 0520 26020010010 MOBILIZATIONS,EROSION CONTROL EACH- Imo 1.000 SW0o%o Wm 5S90 26020010020 MOBIIIIATION6,EMERGENCY EROSION CONTROL EACH 1000 L000 1,00000000 tom STP-1J.9155(71 D-7U07 199.0210 1W EAL CONTR.ACEAARHNT PLUS CHANGE ORDERS $3.10631107 THIS PARTIAL PAYMENE 149,316.15 TOTAL PARTIAL PAYMENTS 247201.95 BALANCE REMAINING(LESS RETAB0AGC3 13A316*31 Pert.+)Cmr*IHO 5.164 TOTAL 199,50330 PREPARED BY:Kirkham Michael RLTAINA0E 34 11965.10 TOTAL LESS RETANACE 89651110 CONTRACTOR:Creel)&SulSidinne5.lov. LESS PREVIOUS PAYMENTS $47201.96 AMOUNT DUE $4991615 CHECKED EY(CITY Y- KIRKHAM Arizona•• Colorado W M I C H AE L Iowa• Kansas• Nebraska www.kirkham.com CONTRACTOR'S PROGRESS ESTIMATE NUMBER 3 *GLAzrc-D PROJECT: West Shaulis Road/Ansborugh Avenue DATE: May 31,2012 N�\NF I STP U 8155(711)- 70-07 ot. ENG: Kirkham Michael Rick Herrick,P.E. 11021 Aurora Avenue Urbandale, Iowa 50322 OWNER: City of Waterloo,Iowa CONTRACT FOR: PCC Paving DOT CONTRACT DATE: February 16, 2012 DOT CONTRACT ID: 07-8155-711 CONTRACTOR: Croell&Subsidiaries, Inc. 2010 Kenwood Ave. PO Box 363 New Hampton,IA 50659 See attached schedule for quantities done to date. Total Completed and Stored to Date: $322,101.60 Retained 3%: $9,663.05 Previous Estimates: $96,518.10 Due the Contractor This Estimate: $215,920.45 I have reviewed this estimate and it appears to be correct. KIRKHAM, MICHAEL&ASSOCIATES +'7/J''7 /� Date: S 3/—/Z By: �H.Tv/YIL�Irn ^^is t� �V / V7„..q�/'rT, Approved: Date: (Owner) 11021 Aurora Avenue •Des Moines,IA 50322• (515)270-0848 •FAX(515)270-1067 • I CITY OF WATERLOO,IA ESTIMATE OF CONSTRUCTION COMPLETED PROJECT NO. STP-U-8155(711)-70-07 PARTIAL PAYMENT NO.3 CONTRACT ID 07.3155-711 PROJECT:West Shaulis Road Phase I DATE: OSl25/12 CONTRACTOR:Croell and Subsidiaries,Inc. PARTIAL PAYMENT NO. 3 UNITS PLAN AUTHORIZED CONSTR. UNIT LINE NO. ITEM NUMBER DESCRIPTION UNIT QUANTITY QUANTITY TO DATE PRICE TOTAL AMOUNT ONO 21 01-08 50 0 01 CLEARING&GRUBBING ACRE LAM 1.500 1.000 5.000.00000 $55,000.00 0020 2102-2710070 EXCAVATION,CLASS 10,RDWY&BORROW CY 91693.000 81693.010 32808.0)0 S 2.60000 T85,300.50 ' 0090 21024560000 LUCA BNB IILt LINES STA 75001 7500 36.040 $ 20.00000 67,208.00 0040 2105.8425015 1UPSUIL SI HIP SALVAGE&SPHEAU CY 16738.06 16716.10 7475.000 5 300(0 $22.434.00 0050 2107-087500 COMPAL DUN WHAMS)UHE&U1NM11 LUNI NUL CY 16745.000 16745.00 $ 030000 $0.00 0060 2116-0100000 MOUIFIEU SUBBASE CY 6772.000 6771000 S 31.4006 $0.00 0070 2121-7426020 GRANULAR SHOULDERS,IY PE B TON 33119.000 3309.000 $ 15.71100u $0.00 0080 2023-7450000 SHOULDER CONSTRUCTION,EARTH SI A 10e.10 10810 $ 120.00000 50.00 0090 2301-1032080 STANDARD OR SLIPFORM PORTLAND CEMENT PAVEMENT,CLASS C CLASS 2 DURABILITY,BIN SY 33190.000 33198000 5 25091010 6.0.00 0100 2301.6911722 PORTLAND CEMENT CONCHS)E SAMPLES LUMP 1.MM I.00 S 200L0600 $0.00 0110 2303.0050100 TO MIX ASPHALT MIXTURE,COMMEIlelAL MIX(INCLUDES ASPHALT BINDER),ASPER PLAN TON 71.70 71.700 $ 25600000 $0.011 0120 2315-8275025 SUHFALING DRIVEWAY,CLASS ALHUSH0DSIONE ION 017000 817.000 $ 17.7000 $0.00 0130 24016745910 HMYL OF S1(.13 EACH 5.000 5.000 $ 125.040415 50.00 0140 2401.6750001 REMOVALS AS PER PLAN LS 1.30) 1.UW $ 4.00.00000 0.110 0150 2402-0425031 GRANULAR BACKF1LL IUN 141.04I4 14E000 $ 21.U11000 M.00 0150 2402-2720000 'EXCAVATRAN AL 20 Ll 4,0,01. 1 4.7.000 $ Lamm $0.00 0170 ' 2415.2111005 PHELAS I LNNLHE IL BUX AuLVEHI,113 71.AS El. LF 2000U 290.000 290.000 1 400.000 $118,320.00 0150 2415.22010E 'PHELASI LUNLHE IL BUX I.ULVtHI Si HAIGHI Env SELIION,10 a I.AS a I. 5ALH 4.000 •4.UW 2.00 $ 11100.00000 522,400.00 0190 24160100016 APRONS,CONCHEIE,15 IN.DIA EACH 23.006 23.0) 295.00000 $0.00 0200 2410.01005 APHUNS,3-DN6HEIE,IB IN.WA EACH' 10.000 10.000 325.000110 60.0 0210 24160100036 APRONS,CONCRETE,36 IN.DIA EACH 10.IIW 10.100 4.000 665.00000 52,660.0 0220 2416.1180018 CULVERT,CONCRETE ENTRANCE PIPE,IS 1N,DIA LF 409.00 409.000 27.000 $0.00 0230 241161180035 CULVERT,CONCRETE ENTRANCE PIPE,36 IN.DIA LF 500.000 500.000 500000 48.00000 $24,000.00 0240 24360250510 INTAKE,SW.505 MODIFIED EACH 2006 255000 3,275.0000 $0.00 0250 2502-6212106 SUBDRAIN PLASTIC PIPE 6IN LF 1031.000 10331.000 5.70000 $0.00 0280 2602-8212112 SUBDRAIN Cons PIPE 12 IN LF 820.000 820000 503900 23.00000 $11,569.00 0270 25024220110 SUBDRAIN OUTLET(RF-19C) EACH 51.000, 51.00 4.OW 10.0000 500.0 0280 25026220196 SUBDRAIN OUTLET,RF-10E EACH 1.000 1.000 250.00000 $0.00 0290 2503-0114215 STORM SEWER GRAVITY MAIN,TRENCHED,RCP,2000(CLASS III),15 IN. LF 2016.000 2016.000 23.75000 $u W 0300 2503-0114218 STORM SEWER GRAVITY MAIN,TRENCHED,RCP,2003D(CLASS III),18 IN. LF 32.000 31.000 29.00000 $000 0310 25064989000 FLOWABLE MORTAR CY 64.400 64.000 M.01000 $0.00 0920 2507-3250005 ENGINEERING FABRIC SY 235.000 236.010 5.00000 Moo 0390 2507-6800061 REVETMENT,CLASS E TON 130.09) 130.000 50.06000 50.00 0340 RS10.57450.50 REMOVAL OF PAVEMENT SY 10148.00 10143.000 3.80000 $0.00 0350 2511-0902500 RECREATIONAL TRAIL,PORTLAND CEMENT CONCRETE,5 IN. SY 8552.000 8552060 20.1510 $0.00 0360 2511-0310100 SPECIAL COMPACTION OF SUOGRADE FOR RECREATIONAL TRAIL STA 78100 78600 200.110000 SEW 0370 2511.7526006 SIDEWALK,P.C.CONCRETE,6 IN. SY 53.900 53900 32.0000 SOW 0380 2511-7528101 DETECTABLE WARNINGS SF 113.200 113260 35.00000 0000 0390 2515.2475007 DRIVES PCC 7111 SY 85.00 85.900 34.00000 $0.00 0400 2518601500 SAFETY CLOSURE EACH 4.010 4.00 75.00000 $00 0410 2519-4200040 REMOVAL AND REINSTALLATION OF FENCE,FIELD IF 2735.000 2735.000 1.00000 0.0 M20 2524-927810 POSTS WOOD-TYPE ASS SIGNS 41NX41N LF 52.000 52.000 20.00000 0.00 0430 2524.932501 TYPE A SIGNS ALUM SF 25000 25.000 20.00000 $0.00 0440 25258285000 SURVEY CONSTRUCTION LS 1.000 1.001 0.100 13,100.00000 51,330.00 0450 2527.9263109 PAINTED PAVEMENT MARKING,WATERBORNE OR SOLVENT-BASED STA 5/.920 57.920 40.00000 0.01 0480 25208445110 TRAFFIC CONTROL LUMP 1.000 1.000 0.100 25550.0000 $255.00 0470 25334950005 MOBILIZATION LUMP 1.100 1.000 0.100 12.5,00800000 512600.00 0480 2654-0112020 WATER MAIN,TRENCHED,DUCTILE IRON PIPE(DIP),20 IN. LF 7905.000 7908.000 75.50000 $0.00 0490 2654-0142020 WATER MAIN WITH CASING PIPE,TRENCHLESS,DUCTILE IRON PIPE(DIP),20 IN. LF 110.900 110000 410.01030 $0.00 0500 2554-020300 FITTINGS BY WEIGHT,DUCTILE IRON PIPE LBS 7870.000 7870.00a 4.00000 $0.0 0510 2550-0204110 WATER SERVICE STUB,COPPER,I IN. EACH 1.0W 1.W0 1,30000000 $0.00 0520 2554-020700 VALVE,GATE,DIP. EACH 7.000 7.000 11,62.00000 $00.0 0590 25540210201 FIRE HYDRANT ASSEMBLY,WM-201 EACH 4.000 4.000 3900.00000 $0.00 0640 2601.263410 MULCHING ACRE 20.750 26750 700.00100 M.00 0550 26014535043 SEEDING&FERTILIZING(RURAL) ACRE 20.750 20.750 410.00600 10.00 0560 2602.0000020 SILT FENCE LF 790700 7907.000 6232A00 1.40000 58.724.80 0570 2502-000030 SILT FENCE FOR DITCH CHECKS LF 743.000 743.000 1.95000 $030 0571 24016750001 REMOVALS AS PER PLAN LS 1.000 1.000 4,800.0000 $0.00 0672 24161262036 CULVERT,CONCRETE PIPE,2000D,TRENCHLESS,30 IN.DIA. LF 50.000 MAW MS.00000 M.W 0580 2602.0010010 MOBILIZATIONS,EROSION CONTROL EACH 1.000 1.000 500.00000 MOO 050 26020010020 MOBILIZATIONS,EMERGENCY EROSION CONTROL EACH 1.00 1.000 1,00.00000 0.00 STP-U-8155(711)-70.07 5332,101.60 TOTAI.CONTRACT AMOUNT PLUS GRANGE ORDERS 33,1;8112.67 THIS PARTIAL PAYMENT $215920.45 TOTAL PARTIAL PAYMENTS $96518.10 BALANCE REMAINING(LESS RETAINAGE) $2915.774.12 Tenant G0lplee 10.30% TAL $322,103.60 PREPARED BY:Kirkham Michael RETAINAGE 3% 6,663.05 TOTAL LESS RETAINAGE $312,08 5 CONTRACTOR:Cr0il and Subsidiaries,Inc. LESS PREVIOUS PAYMENTS 596518.10 AMOUNT DUE $215,920.45 CHECKED BY(CITY): ƒ Cl) z / ± $ \ � / } ? ƒ R \} 5 / {A • \ O.) ref)0 /\ A ƒC %COO o m 2 o i 0s 2 D { } C C A c co \ \ oS '< \ 9 • / / \ • \ § \ • 0G % • ° e & Q : \ \ / ƒ • \ k > ! 2 \ 0 \ \ K « 0 § O w I / § \ 2 o j / § 1- c \ / D. 0 > 01 § co - f « @ » 0 00 \ 8 t & § £ m ag ® R ' q Jm ƒ f { 9 \ � \ / } _> / % [ E $ CJ NJ 2 \ \ o ® m- co E 0. 7 = (D _ / \ 2 ga g I \ CD CD < 3 c G so \ 0 Iv 5 > §Ca _ / \ r C• 4 r1 :. Stanley Consultants INC 100 Court Avenue, Suite 300 May 24, 2012 Des Moines, IA 50309-2200 Project No: 23209.01.00 Invoice No: 0150259 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Jamie Knutson, Associate Engineer For: Storm Water Lift Stations, Study&Design Phase Westfield Ave., Virden Creek and Vinton Professional Services from April 01,2012 to April 28, 2012 Fee Percent Previous Current Billing Phase Fee Complete Earned Billing Billing Westfield Ave 317,333.00 60.00 190,399.80 142,799.85 47,599.95 Virden Creek 129,161.00 60.00 77,496.60 58,122.45 19,374.15 Vinton 150,593.00 60.00 90,355.80 67,766.85 22,588.95 Total Fee 597,087.00 358,252.20 268,689.15 89,563.05 Total Fee 89,563.05 TOTAL THIS INVOICE $89,563.0505 If you have any questions regarding this invoice, please contact / /<y Dan Fullerton at 515-447-4408 or Amy at 563-264-6419. C) // AGENDA OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, TO BE HELD IN THE COUNCIL CHAMBERS IN THE CITY HALL, IMMEDIATELY FOLLOWING THE WORK SESSION THURSDAY, JUNE 7, 2012 ROLL CALL: Motion to approve Agenda, as proposed or amended. Motion to receive and file copies of Calls. 1. Motion approving Outdoor Service Area Application for Elk's #290, 407 East Park Avenue for June 8, 2012 to June 9,2012. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk Council Work Session June 7, 2012 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Discussion of weekly council agenda Motion to approve agenda for Monday,June 11, 2012, as discussed. Adjourn Suzy Schares City Clerk Council Schedule ... . Date Meeting Requested By Topic Requested Thursday, June 10, 2012 8:00 a.m. 'Work Session Monday, June 14, 2012 9:00 a.m. Department Head Meeting 4:05 p.m. Public Works 4:10 p.m. Building & Grounds 4:15 p.m. !Work Session Dan Trelka (15 minutes) Regulation of off road utility vehicles 4:30 p.m. Work Session Human Rights 4:45 p.m. Work Session Planning & Zoning Finance 5:00 p.m. 'Committee 5:30 p.m. 'Council Meeting Any Executive Session-follow code for previous year until October of each year when current year takes into affect PUBLIC WORKS COMMITTEE June 11, 2011 4:05 p.m. Council Chambers Roll Call: Members: Chairperson Bob Greenwood Ron Welper Harold Getty Approval of Agenda, as proposed. NEW BUSINESS 1. Authorization to grant permission for the Engineering Department to submit Notice of Intents for railroad crossing surface reconstruction as a part of the Iowa Grade Crossing Surface Repair Program Submitted by Jeff Bales, Associate Engineer. ADJOURNMENT Suzy Schares City Clerk BUILDING& GROUNDS COMMITTEE June 11, 2012 4:10 p.m. Council Chambers Roll Call: Members: Chairperson Harold Getty Ron Welper Bob Greenwood Approval of Agenda, as proposed. NEW BUSINESS 1. Authorization to award and execute contract for Asbestos Survey for five (5) Structures: 311 Adams Street, 426 Adams Street, 425 Almond Street, 523 Dawson Street and 109 Oneida Street—Submitted by Rudy D. Jones, Community Development Director. ADJOURNMENT Suzy Schares City Clerk Council Work Sessions June 11, 2012 Times as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:15 p.m. Regulation of off road utility vehicles—Submitted by Daniel J. Trelka, Director of Safety Services. 4:30 p.m. Housing Protections for Victims of Domestic Violence; Unfair or Discriminatory Use of Criminal Record in Employment Decisions; Development and Implementation of Human Rights Training Academy; Summer Harmony Day—Submitted by Abraham Funchess, Jr., Human Rights Director. 4:45 p.m. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk FINANCE COMMITTEE June 11, 2012 5:00 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of June 4,2012. NEW BUSINESS Travel Requests Name& Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed 1. Aric Schroeder, City Planner Blue Zones Institute Des Moines, June 25- $185.00 Iowa 26,2012 2. Steve Jordan, Fire Marshal Arson Investigation Ames, Iowa March 5- $1,232.20 9,2012; March 12- 16,2012 3. Investigator Saunders 2012 International Scottsdale, September $1,565.50 Outlaw Motorcycle Arizona 8-14,2012 Gang Investigator Association Conference 4. Authorization to award and execute contract for Asbestos Survey for five (5) Structures: 311 Adams Street, 426 Adams Street, 425 Almond Street, 523 Dawson Street and 109 Oneida Street—Submitted by Rudy D. Jones, Community Development Director. 5. Pre Authorizations to Expend over $1,000.00 Dept. AmountEst. Expenditure Building/Maintenance $3,110.72 Install shelving in vaults at City Hall Building/Maintenance $3,110.72 Install shelving in vaults at City Hall Culture & Arts $3,038.00 Vinyl banners for RiverLoop Amphitheatre and Arts Mall Fire $1,984.25 HazMat Boots Leisure Services $1,620.00 Jerseys and caps for Optimist baseball and softball programs Leisure Services $3,121.96 Moveable lifeguard chair Leisure Services $17,700.00 Professional services for field reconstruction for Diamond#4 Cedar River Youth Sports Complex Police S1,986.00 + Ballistic shield with dual LED lighting $60.00 Police $16,141.92 Verizon cellular telephone and aircard service fee for FY13 Street $8,702.10 + Crack sealer sealant $15.00 Traffic Operations $25,295.90 White and yellow fast dry marking paint and reflectorized beads Traffic Operations $1,527.45 Chains and hardware BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk